EFF leader Julius Malema no longer qualifies to be a Member of Parliament after being sentenced to five years direct imprisonment for unlawful possession of a firearm.
He was also sentenced to two years for unlawful possession of ammunition. On three additional counts, Malema was sentenced to six months in jail with an option of a R20,000 fine for each. The court decided that the sentences for counts two to five will run concurrently with the sentence for count one, meaning Malema will effectively serve five years in jail.
He was found guilty of five charges relating to the Firearms Control Act in October last year. The charges stem from an incident in July 2018, when Malema fired shots in front of a built-up area during the EFF’s fifth anniversary celebration in Mdantsane in the Eastern Cape.
According to legal expert Mpumelelo Zikalala, for someone to continue as a Member of Parliament, their sentence must not exceed 12 months imprisonment and must not have an option of a fine. He added that Malema’s political position has no bearing on how the sentence is handed down, despite Malema calling the case political.
Zikalala said courts look at ways and means of earning a living rather than a person’s political stature. He added that the court also considers whether dependents will suffer financially. He said it is very rare for a court to consider political standing in order to save someone as a member of Parliament.
Zikalala said it would be more adverse to have a member of Parliament who appears not to respect the country’s laws. He said this is why Malema is fighting so hard, because for him a win means a sentence of no more than 12 months. If Malema is given the option to pay a fine, he can still remain an MP.
State prosecutor Joel Cesar said the court must consider the degree of premeditation and Malema’s lack of remorse.
Malema’s legal team has requested an extension of bail. Legal expert Ulrich Roux said there is a likelihood that Malema might be released until his appeal is granted. Roux noted that the matter has been running for seven years and Malema has not missed a single court appearance, attending diligently and faithfully. He added that Malema, being a well-known person, cannot be seen as a flight risk.
If his appeal is unsuccessful, Malema will have to serve his sentence immediately, which could spell the end of his membership in Parliament.