EFF leader Julius Malema has escalated his fight beyond the courtroom and is now gunning for the magistrate and prosecutor who convicted him as he prepares to challenge his five-year prison sentence.
In a blistering attack after his sentencing, Malema accused KuGompo City magistrate Twanet Olivier of judicial misconduct and suggested that he planned to report her to the Magistrates Commission, while also calling for state prosecutor Joel Cesar to face a perjury charge.
The move marks a sharp escalation in the political and legal fallout from Malema’s conviction for discharging a firearm in public, with the EFF leader now directly challenging the conduct of the officials who handled his case.
The National Prosecuting Authority said that if Malema believed he had been denied a fair trial, the proper forum to raise those complaints was through the appeal process.
“If he feels there were any irregularities that gave him an unfair trial, he can raise these during an appeal,” NPA spokesperson Luxolo Tyali said.
Tyali said the state remained confident in both the conviction and the sentence.
“We feel strongly, as the NPA, that we proved that he is guilty, which is why the court found him guilty. We feel the sentence is also fair,” he said.
Malema, addressing supporters outside court, launched a personal and sustained attack on Olivier, accusing her of incompetence, bias and political motivation.
“She’s the most incompetent magistrate who read a judgment for three days. It has never been done,” Malema said.
“She just entered court without knowing what is contained in the heads, in the argument that the lawyers were putting before the court.
“We are tried by a magistrate who doesn’t read, who uses emotions, who speaks politics.”
Malema also accused Cesar of improper conduct and said a perjury case should be opened against him.
Malema claimed that Cesar knew in advance that co-accused Adriaan Snyman would be acquitted and allegedly told him to collect his firearm before judgment was delivered.
“How did the prosecutor know that accused number two is not going to be found guilty?” Malema asked.
“That is the misconduct of a prosecutor.”
Olivier on Thursday sentenced Malema to five years’ direct imprisonment for unlawful possession of a firearm, with all other counts running concurrently.
They included two years for unlawful possession of ammunition and a R20,000 fine or six months’ imprisonment for unlawfully discharging the firearm and reckless endangerment.
Malema was also declared unfit to possess a firearm.
His charges date back to 2018 when he discharged a firearm at an EFF rally at the Sisa Dukashe Stadium in Mdantsane, where his party was holding its birthday celebrations.
Olivier dismissed Malema’s application for leave to appeal against his conviction, but granted leave to appeal against the sentence, saying another court could come to a different conclusion.
Malema remains out on warning.
Tensions ran high in the packed courtroom as sentence was handed down, with EFF supporters audibly reacting when the conviction appeal was dismissed.
The atmosphere shifted when leave to appeal against the sentence was granted, with supporters breaking into song.
A confrontation later broke out in court between EFF members and AfriForum representatives.
AfriForum spokesperson Jacques Broodryk said the organisation was satisfied with the outcome.
“The magistrate was very lenient, and it’s something Malema and his supporters should be grateful for,” Broodryk said.
Legal analyst Luzuko Tshingana said the case could become an important legal test as it moved through the appeal courts.
“It is a victory for the South African justice system because now as the appeal is taken to the high court, it means the law will be tested,” he said.
Political reaction was split.
ANC secretary-general Fikile Mbalula described the sentence as harsh and suggested Malema was being targeted.
DA leader Geordin Hill-Lewis welcomed the sentence, saying illegal firearm crimes had to be dealt with severely.
Parliamentary spokesperson Moloto Mothapo said there were no immediate constitutional implications for Malema’s status as an MP while the appeal process remained under way.
While events unfolded in KuGompo City, EFF members and supporters had gathered in other parts of the country, including Johannesburg, in a strong show of support for their leader.
Meanwhile Malema’s deputy, Godrich Gardee, was in Makhanda with other party supporters readying to file appeal papers at the high court.
Speaking outside the Makhanda high court, Gardee dismissed any suggestion that the case was over.
“Chill. Those who were going to [open] up their champagne, you can drop your glasses and stop, there is nothing to celebrate — our president is still going to be with us,” Gardee said.
Gardee said the judgment by Olivier had left party leaders emotional.
“We were crying, saddened and hurt when we heard the sentencing, but I cried tears of joy when I heard that we are getting free bail,” he said.
“It has been a very difficult day. It was evident that the magistrate was very personal and emotional in her judgment.
“Her remarks were not factual in law and they will be dismissed at a higher court.”
He said the party was prepared to take the case as far as the Constitutional Court if necessary.
“Let us not fast-track anything. We will be here at the high court next month and move from there step by step.
“We will end up in the Constitutional Court, but there is still a very long way to go,” Gardee said.
Political analyst Dr Ongama Mtimka said the sentence had created uncertainty within the party, particularly around leadership succession.
“For the first time in a long time, the rank-and-file membership of the party, as well as its supporters, are grappling with the question of whether Malema will remain available to lead the party, and if so, for how long,” Mtimka said.
He said the EFF had not sufficiently developed alternative leadership structures.
“The challenge with the EFF is that if you strike the shepherd, the flock is likely to scatter,” he said.
University of the Free State deputy registrar for legal services and compliance, advocate Vuyo Booysen, said Malema remained entitled to serve as an MP while the appeal process was under way.
He said Malema could still appeal to the Supreme Court of Appeal and, ultimately, the Constitutional Court if unsuccessful in the high court.
Should all appeals fail, Booysen said, Malema’s parliamentary career would come to an end.
“Anything above 12 months disqualifies him for parliament,” he said.
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