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Malema gets 5 years direct imprisonment in firearm case – legal team launches immediate appeal

Magistrate Olivier hands down custodial sentence, declares EFF leader unfit to carry a firearm as counsel moves for leave to appeal and urgent bail.

EFF leader Julius Malema sentencing—follow-up to: Malema sentencing: court signals tough stance

Magistrate Twanet Olivier sentenced EFF leader Julius Malema to direct imprisonment in the KuGompo Magistrates Court on Thursday, delivering a crushing blow that could reshape South Africa’s political landscape.

The court imposed the following sentences:

· Count 1 (unlawful possession of a firearm): 5 years direct imprisonment
· Count 2 (unlawful possession of ammunition): 2 years direct imprisonment
· Count 3 (discharging a firearm in a built-up area): a fine
· Count 4 (failure to take reasonable precautions): a fine
· Count 5 (reckless endangerment): a fine of R20,000 or 6 months imprisonment

In terms of the Criminal Procedure Act, Olivier ordered that the sentences on the custodial counts run concurrently. The court also declared Malema unfit to carry a firearm.

Immediate legal challenge

Moments after Olivier pronounced the sentence, counsel for Malema rose to proceed with leave to appeal and filed an urgent bail application. The legal team argues that the conviction rests on flawed grounds and that Malema should remain free pending the appeal process.

What this means for Parliament

The sentence places Malema’s position in Parliament in immediate jeopardy, as a custodial term exceeding 12 months without a fine triggers automatic forfeiture of his seat.

Scene inside the courtroom

Mantwa Matlala, Malema’s wife, sat in the front row as Olivier delivered the sentence. The EFF leader stood composed as the magistrate read out each count, his legal team already preparing the bail papers before the court rose.

More to follow

This is a developing story. NOWinSA will update as the bail hearing and leave to appeal proceedings unfold.

Tankiso Komane
Tankiso Komane
A Tshwane University of Technology journalism graduate, Tankiso Komane has a vast experience in print & broadcast media business and has worked for some of the country’s biggest daily newspapers, including The Sowetan, The Citizen, The Times, and The New Age.Through her varied work as a journalist, notably as a copywriter for SABC1 (On-Air promotions) and as a publicist for Onyx Communications, she has developed an in-depth understanding of the nature of the media business and how to use it for the purpose of exposure.Her expertise in journalism across various disciplines, coupled with a good reputation, has laid the foundation of a new kind "trust in Journalism" as the media ecosystem continues to digitally evolve.
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