Legal representatives for Julius Malema say they are confident that his five-year direct imprisonment sentence will be overturned, following a ruling granting him leave to appeal the sentence in a higher court.
Malema, the leader of the Economic Freedom Fighters (EFF), was sentenced in the KuGompo City Magistrate’s Court after being found guilty of unlawful possession of a firearm. He also received a concurrent two-year sentence for a lesser charge.
While the court denied leave to appeal his conviction, it granted leave to challenge the severity of the sentence, citing a reasonable possibility that another court could reach a different conclusion.
Malema’s attorney, Ian Levitt, said the legal team remains optimistic about the outcome of the appeal.
“In respect of sentence, the magistrate has already ruled that there’s a reasonable prospect that another court can come to a different conclusion, and we are confident that it will,” Levitt said.
He added that the case presents unique legal considerations, noting the absence of direct precedent.
“You would have seen in court that there is no direct precedent of this nature. We believe the magistrate took a considered view, and a higher court may provide clearer guidance on how such cases should be handled, particularly as they differ from more serious offences like murder and robbery involving firearms,” Levitt said.
The matter is expected to proceed to a higher court, where the sentence will be reviewed.