The State has argued against a non-custodial sentence for Economic Freedom Fighters (EFF) leader Julius Malema, saying his conduct warrants direct imprisonment following his conviction under the Firearms Control Act.
During sentencing proceedings at the KuGompo City Magistrate’s Court on Wednesday, State prosecutor Joel Cesar told the court that Malema, as a public representative and lawmaker, should be held to a higher standard. He warned that Malema’s actions send a “dangerous message” to young supporters and urged the court to impose a minimum sentence of seven years’ imprisonment.
Malema’s legal representative, Laurence Hodes, appealed for leniency, asking the court to consider alternatives to direct imprisonment. He argued that the firearm was discharged momentarily during a celebratory incident at a 2018 rally in Mdantsane, with no intention to cause harm.
Pre-sentencing proceedings began on Monday, following Malema’s conviction in October 2025 for contravening the Firearms Control Act, including discharging a firearm in a built-up area during the EFF’s fifth anniversary celebrations.
The National Prosecuting Authority (NPA) has indicated it is seeking a 15-year prison sentence. In an interview with SABC News, NPA spokesperson Luxolo Tyali said Malema’s continued denial of wrongdoing remains an aggravating factor.
“We have to consider the individual involved and the message the sentence sends in ensuring deterrence,” Tyali said.
He added that Malema’s insistence that the case is politically motivated, despite what the State describes as overwhelming evidence, further counts against him. “He has not taken the court into his confidence,” Tyali said.
Sentencing proceedings are expected to continue at the KuGompo City Magistrate’s Court on Thursday.
Photo: Screenshot
