News / National
Malema jailed for 5 years by 'racist magistrate'
3 hrs ago |
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Julius Malema, leader of the Economic Freedom Fighters (EFF), has been sentenced to five years of direct imprisonment following his conviction in a firearm handling and discharge case.
Malema appeared for a second day before the East London Regional Court, where proceedings drew significant public and media attention.
Delivering judgment in a packed courtroom, Magistrate Twanet Olivier said the court had carefully considered the submissions made by the defence, alongside the broader circumstances of the case.
In outlining the basis for the sentence, Olivier emphasised the need for a balanced approach. "The sentence imposed should fit the offender as well as the crime. It must be fair to society and blended with a measure of mercy according to the circumstances of each matter," she said.
While acknowledging that Malema is a first-time offender with no prior convictions, the magistrate underscored the seriousness of the offence. She rejected the defence's argument that the firearm discharge was merely a celebratory act, describing such characterisation as "nonsensical."
According to the court, the incident was not spontaneous but rather premeditated, taking place during the EFF's birthday celebrations. Olivier noted that the act required planning and coordination, including how and when the firearm would be used.
"It wasn't an impulsive act. It wasn't anger. It was the event of the evening," she said, adding that the accused was fully aware that his actions were unlawful.
The court further found that the decision to discharge the firearm had the approval of Malema and the party's leadership, and that he proceeded despite foreseeing potential harm to people or property.
Olivier stressed that even though the act itself may have lasted only moments, its consequences and implications remained significant. She concluded that such conduct could not be justified under the guise of celebration, reinforcing the court's stance that the rule of law must prevail irrespective of status or context.
Malema appeared for a second day before the East London Regional Court, where proceedings drew significant public and media attention.
Delivering judgment in a packed courtroom, Magistrate Twanet Olivier said the court had carefully considered the submissions made by the defence, alongside the broader circumstances of the case.
In outlining the basis for the sentence, Olivier emphasised the need for a balanced approach. "The sentence imposed should fit the offender as well as the crime. It must be fair to society and blended with a measure of mercy according to the circumstances of each matter," she said.
According to the court, the incident was not spontaneous but rather premeditated, taking place during the EFF's birthday celebrations. Olivier noted that the act required planning and coordination, including how and when the firearm would be used.
"It wasn't an impulsive act. It wasn't anger. It was the event of the evening," she said, adding that the accused was fully aware that his actions were unlawful.
The court further found that the decision to discharge the firearm had the approval of Malema and the party's leadership, and that he proceeded despite foreseeing potential harm to people or property.
Olivier stressed that even though the act itself may have lasted only moments, its consequences and implications remained significant. She concluded that such conduct could not be justified under the guise of celebration, reinforcing the court's stance that the rule of law must prevail irrespective of status or context.
Source - eNCA
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