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FRANKLY SPEAKING | Malema has not done this nation any service

Bantu Mniki.
Bantu Mniki Bantu Mniki.Picture: Supplied

It may well be that our last line of defence is holding, albeit under difficult circumstances.

The rule of law is literally fighting for its life, and in doing so, it is also fighting for our lives.

Let me first recognise the restraint shown by the EFF after the sentencing of Julius Malema.

The riots of 2021, which occurred after Jacob Zuma went to jail, reminded us of the risk of sending Malema to jail.

The gathering of EFF members to support Malema in KuGompo City added significantly to this risk.

Though Malema did not really go to jail, the EFF still behaved surprisingly well.

Malema did well to disclose their legal strategy before sentencing.

He told members that his team was ready to appeal the sentence as soon as it was handed down.

As such, the risk and expectation of going to jail was mitigated by the legal team’s forward planning.

This gave enough signal that Malema would accept the sentence and rather use the provisions of our legal system.

If the EFF must be commended for their conduct after the sentencing, then Malema must also be commended for handling this in a relatively mature manner. He could have easily fanned the flames.

The incidence of political leaders crossing paths with the law is so entrenched that it is almost a culture

On the other hand, it is an indictment against SA political leadership to have a powerful leader such as Malema appearing in court for such careless criminal conduct as shooting a gun in public.

If this criminal conduct was an isolated case, maybe it would not be so concerning.

The incidence of political leaders crossing paths with the law is so entrenched that it is almost a culture.

Yet the regularity with which political leaders are prosecuted, convicted and sentenced is very rare.

The flag bearer of this model of political leadership remains Zuma, who managed to rise to the presidential office despite allegations of his associations with crime and corruption.

He remained there for close to a decade, doing untold damage to the rule of law while under the protection of the ANC.

The disregard for the law in SA is now a subculture, to a significant extent because of the ease with which politicians intentionally attack the judiciary.

This is especially true for politicians who have crossed lines with the law and the courts.

The fervour with which they often attack the integrity of the judiciary in reference to individual judicial officers and the entire judicial system is shocking.

This conduct is a betrayal of the status of politicians as lawmakers (MPs).

As these leaders berate the judiciary, they tow behind them millions of followers.

They effectively lead the public to attack their own laws, the instruments of their own wellbeing, and the courts, which are tasked with adjudicating those laws.

“The most incompetent magistrate, who read a judgment for three days. It is never done.

“She does so because we suspect she doesn’t write her own judgments,” Malema said after his sentencing.

EFF leader Julius Malema has escalated his fight to 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 fired shots at Cesar, accusing the prosecutor 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. Click here to join the Daily Dispatch’s WhatsApp channel and get the latest news delivered straight to your phone Daily Dispatch

One of the signatures of the political leadership which has dominated SA for the past 30 years is its propensity to draw everything into politics.

Malema is no different. He has learnt the blunt art of politicising everything.

In the depths of this depraved political arena, the self-confessed dirty game of politics, neither truth nor common sense survives.

The National Prosecuting Authority (NPA) says the sentence handed down to EFF leader Julius Malema is fair, but his legal team is confident another court will come to a different conclusion. Leave to appeal against the five-year sentence was granted but not against the guilty verdict. On Thursday in the magistrate’s court in KuGompo City, magistrate Twanet Olivier dismissed the application that was brought minutes after Malema was sentenced to five years. Malema’s legal team had argued that the court erred in arriving at the conclusion to find Malema guilty of the five charges related to discharging a firearm at the party’s birthday celebrations in 2018. They argued that the state had failed to prove its case. Advocate Laurance Hodes SC argued that Malema was a first offender and had not committed any offences during the trial. EFF leader Julius Malema has been sentenced to an effective five years' imprisonment. He was also declared unfit to possess a firearm.https://t.co/IkTB3mt4TKVideo: Ziyanda Zweni pic.twitter.com/FKwrlHLnzu — Sowetan (@Sowetan1981) April 16, 2026 In relation to the sentence, Hodes said there was no need for the court to sentence Malema for each of the counts. Hodes argued that Malema should not have been sentenced to a custodial sentence, adding that there was no precedent for such a case. Advocate Tembeka Ngcukaitobi also argued that the state failed to show why they opposed the application for leave to appeal against both the conviction and the sentence. Ngcukaitobi said they believed the high court would find differently in both regards. The EFF’s Leigh-Ann Mathys confirmed they would be appealing against both decisions of Olivier. “We are glad the state came to its mind about the issue of bail,” Mathys said as Malema remains out on warning pending petitions to the high court. Meanwhile, NPA spokesperson Luxolo Tyali said they were satisfied with the sentence. Tyali said it was within Malema’s rights to appeal against the decisions. “We feel strongly as NPA that we proved he is guilty, which is why the court found him guilty. We feel the sentence is also fair,” Tyali said. Daily Dispatch

In his speech, the extreme care taken by magistrate Twanet Olivier in this case, a sign of respect for Malema’s legal team, is taken by Malema and used against her.

To add salt to the wound, Malema blurts out his “suspicions” publicly, knowing very well this is a political attack against a magistrate, to which she cannot respond.

Malema may have stopped short of directly inciting his followers to go on a rampage against the state, but he has not done this nation any service.

Given an opportunity to uphold the law, promote it and inspire people to respect it, considering our acrimonious past relationship with it, he has thrown that opportunity to the dogs.

Perhaps he missed that opportunity even more when he picked up a loaded gun and fired it inside a stadium full of his own supporters.

Without any sense of responsibility that should go with his status as a leader and an lawmaker (MP), he then told the court throughout the trial that it was a toy gun.

When these things are looked at through the lense of political expediency, their weight is diminished by the blindness of political self-interest.

But when we face the reality of the extent of disrepair in our nation, the realisation is scary.

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