While a detailed report presented during the pre-sentence hearing of EFF leader Julius Malema has laid out the punishment that can be meted against him, including an option of a fine, the state is gunning for him to spend time behind bars.
The firebrand politician’s sentencing was on Friday postponed to April 15 by East London magistrate Twanette Olivier.
Malema faces a maximum sentence of 15 years for charges related to discharging a firearm, while a term of imprisonment longer than 12 months would see him lose his seat in the National Assembly.
Jessie Thompson, a seasoned social worker and qualified lawyer, testifying in mitigation of sentence on behalf of Malema, has recommended the imposition of a fine that reflects the gravity of the offences, that is suspended to encourage continued lawful behaviour.
Thompson, testifying in the East London regional court on Friday, also recommended that Malema be restricted from obtaining a firearm licence for a specified period as an ongoing deterrent, and also be required to make a monetary donation as restitution to Gun Free South Africa, an NGO focused on reducing gun violence in South Africa.
Malema was in the dock for pre-sentence proceedings after he was convicted of five counts relating to a discharge of a firearm in 2018 during the party’s birthday celebrations held in Mdantsane.
Thompson said the lapse of more than seven years since the commission of the offence and conviction is regarded as a mitigating factor.
Malema was found guilty of unlawful possession of a firearm, unlawful possession of ammunition, discharge of a firearm in a built-up area, failure to take reasonable precautions to person or property and reckless endangerment to person or property.
NPA spokesperson Luxolo Tyali said the October 2025 verdict was a reaffirmation of the NPA’s commitment to upholding the rule of law and proper administration of justice, without fear or favour.
“Contrary to the recommendation by the social worker for imposition of a fine or suspended sentence, the state will pray for a custodial sentence when arguing in aggravation of sentence,” Tyali said.
While under cross-examination by state prosecutor advocate Joel Cesar, Thompson conceded Malema was reckless and negligent.
Questioned about the the recommendations she made, with Cesar pointing out similar cases where accused individuals were sentenced to custodial sentences, one case in particular where the accused was sentenced to eight years, Thompson said the circumstances were different.
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