SENTENCING OF PRESIDENT JULIUS MALEMA
BY : CHANON LECODEY MERRICKS ONLINE EDITOR KASiBC_AFRiCA
The Economic Freedom Fighters (EFF) notes the sentencing of our President and Commander-in-Chief, Julius Malema in relation to the 2018 firearm discharge incident at the EFF’s anniversary rally in Mdantsane.
The EFF reiterates that this case has always been pursued in a highly politicized environment, with clear intentions to criminalize a revolutionary political voice that represents the aspirations of the oppressed and marginalized.
The EFF further notes the imposition of a custodial sentence, which we view as disproportionate and inconsistent with both the facts and the broader context of the incident.
The National Prosecuting Authority (NPA), in its pursuit of this matter, demonstrated an extraordinary and deeply suspicious appetite for imprisonment. This is the same prosecuting authority that routinely fails to secure convictions in cases of violent crime, including murder, rape, and armed robbery, where victims suffer irreversible harm.
Yet, in a case where no one was injured, the NPA mobilized its full capacity to ensure that President Malema is incarcerated.
During sentencing proceedings, the defense, led by the eminent constitutional scholar and Advocate Tembeka Ngcukaitobi, advanced compelling arguments which exposed the weakness and excesses of the State’s case.
Adv. Ngcukaitobi emphasized, firstly, that there was no intention on the part of President Malema to cause harm. The discharge of the firearm occurred in a celebratory context during a political gathering, and not as an act of violence or criminal recklessness. This is consistent with submissions before the court that characterized the act as symbolic and not malicious.
Secondly, the defense highlighted the absence of demonstrable harm or injury arising from the incident. No person was harmed, and there was no evidence presented that the conduct resulted in any actual danger beyond speculative assertions.
Thirdly, Adv. Ngcukaitobi and the defense team placed before the court mitigating factors relating to President Malema’s personal circumstances, political responsibilities, and broader societal role. This included the presentation of a comprehensive pre-sentencing report and expert testimony aimed at ensuring that the court adopts a balanced and proportionate approach.
Fourthly, the defense challenged the proportionality of imprisonment, arguing that a custodial sentence would serve no legitimate purpose of justice, deterrence, or rehabilitation, but would instead amount to the suppression of political dissent.
Lastly, the defense raised serious concerns about the conduct of the prosecution itself.
It was pointed out that Malema’s co-accused, Mr Snyman, who has since been acquitted, had his firearm returned to him by the State even before judgment was delivered. This, the defense argued, stands in stark contradiction to established legal procedure, where such decisions are ordinarily reserved for the presiding judge.
The judge herself was unaware of this fact.
Adv. Ngcukaitobi argued that this irregular conduct raises profound questions about the seriousness with which the State approached its own case. They lacked thoroughness in handling evidence while paradoxically pursuing the harshest possible sentence against President Malema.
Furthermore, the State failed to place before the court the alleged correspondence used to justify this action, deepening concerns about procedural irregularities and lack of transparency.
The EFF is particularly concerned that these well-reasoned arguments were not sufficiently weighed in the final outcome, reinforcing our long-held view that this prosecution has been driven not by a neutral application of the law, but by a desire to make an example of President Malema.
The EFF reiterates that this prosecution and sentencing cannot be divorced from the broader political environment in which it has unfolded. President Malema has long been the target of sustained campaigns by right-wing organisations such as AfriForum, whose litigation strategy is explicitly aimed at silencing a radical and uncompromising opponent of white supremacy and land dispossession.
We further note the alarming global dimension of these attacks. Statements by figures such as Donald Trump, who have openly suggested that leaders like President Malema must be dealt with, reflect the alignment of international reactionary forces with local campaigns to neutralise revolutionary Black leadership in South Africa.
History offers similar parallels. Across the African continent and the world, leaders who have stood firmly for the liberation of their people have been subjected to criminalisation, imprisonment, and assassination.
The fate of Patrice Lumumba, who was overthrown and assassinated for asserting the sovereignty of the Congo; Thomas Sankara, who was eliminated for advancing a radical programme of economic independence; and Steve Biko, who was murdered in detention for mobilising Black Consciousness, all serve as reminders that systems of power do not tolerate uncompromising advocates of African dignity and freedom.
Even in democratic South Africa, the persecution of those who challenge entrenched economic power continues in more subtle but equally dangerous forms, through courts, prosecutions, and sustained propaganda.
President Malema’s sentencing must therefore be understood within this historical continuum: as part of a broader effort by white capital and its allies to discipline and silence those who refuse to abandon the struggle for land, dignity, and economic emancipation.
The EFF stands proudly with President Malema as he continues to appeal this sentence until he clears his name. We thank all fighters and progressive's forces who continue to stand with the EFF, as we encourage all fighters and supporters to remain calm as always.
A luta Continua, Vitória é Certa!
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