The East London Magistrate’s Court began hearing sentencing arguments on Wednesday in the case of Julius Malema, following his conviction for firing a rifle during a political rally in Mdantsane in 2018.
The State is seeking a custodial sentence, arguing that Malema’s actions placed thousands of people at risk during the Economic Freedom Fighters event, which was attended by more than 20,000 supporters.
Prosecutor Adv Joel Cesar told the court that discharging multiple live rounds in a crowded stadium was inherently dangerous and that it was “by the grace of God” that no injuries were reported.
Cesar further argued that the incident was premeditated and that Malema’s position as a political leader aggravates the seriousness of the offence.
“The accused is a political leader with a significant following. Such conduct creates the impression that this type of behaviour is acceptable,” he told the court, adding that anything short of a prison sentence would send the wrong message to the public.
Malema’s defence, led by Adv Tembeka Ngcukaitobi, rejected claims of premeditation, accusing the State of misrepresenting the evidence.
Ngcukaitobi argued that there was no proof of planning to commit an offence, stating that the firearm was handed to Malema spontaneously and that the evidence does not support claims of deliberate intent.
He further contended that no individual had been convicted of supplying the firearm, challenging the State’s narrative around how the weapon was obtained.
Proceedings have been adjourned until Thursday as the court continues to hear arguments before sentencing.