Jessie Thompson, a seasoned social worker and qualified lawyer, testifying in mitigation of sentence on behalf of EFF leader Julius Malema, has recommended the imposition of a fine that reflects the gravity of the offences, with the fine suspended to encourage continued lawful behaviour.
Thompson, testifying in the East London regional court on Friday, also recommended that Malema should be restricted from obtaining a firearm licence for a specified period as an ongoing deterrent, and should 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 is in the dock for presentence proceedings after he was convicted of five counts relating to the discharge of a firearm in 2018, during the party’s birthday celebration in Mdantsane.
Thompson said the lapse of more than seven years from the offence to the conviction is regarded as a mitigating factor.
Reading the presentence report, Thompson said although Malema maintains his innocence — which is often viewed as a risk factor — his recognition that a criminal conviction would undermine his ability to credibly promote respect for the law notably diminished the likelihood of reoffending.
“As a revolutionary, the accused frequently challenges established conventions.
“While his readiness to address perceived injustices may continue to invite controversy and potential legal scrutiny, these actions alone do not necessarily heighten the risk of him re-offending, unless future legislation criminalises specific behaviours such as hate speech,” Thompson said.
She said given that the five charges stem from a single incident and video footage showed the accused did not load the firearm, she recommended that the charges be considered “collectively for sentencing purposes”.
Thompson said Malema learnt the importance of family from a young age, continued to maintain close family relations and relied on the support of his family when necessary; resilience, coping abilities and thinking skills were evidenced through a progressive career trajectory despite challenging childhood circumstances.
She said 44-year old Malema was a first-time offender who committed the offence at the age of 37 and “fully co-operated with the court for five years”.
“He has not reoffended since. Although not part of the sentence, any form of pain or discomfort an offender suffers as a result of committing a crime can be seen as punishment and moral retribution,” she said
Thompson said these substantially reduce Malema’s risk of re-offending.
State prosecutor Joel Cesar is cross-examining Thompson.
This is a developing story.
Daily Dispatch
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