A social worker testified in the East London Magistrate’s Court on Friday, outlining Julius Malema’s difficult upbringing and urging the court to show leniency in his firearm case. The defence called Jessie Thompson to present a pre-sentencing report detailing the EFF leader’s personal history and circumstances.
Thompson told the court Malema lost his mother at a young age, never knew his father and, from early on, used his own money to assist people in need. She recommended a suspended fine, a ban on obtaining a firearm licence and a monetary contribution to Gun Free SA.
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Whether that plea will spare Malema a custodial sentence for firing a semi-automatic rifle into the air at a birthday celebration will be decided on April 15, when Magistrate Twanet Olivier is expected to hand down sentence. The matter was postponed to allow both the state and defence to exchange heads of argument.
Malema Returns to Dock as Supporters Rally Outside Court
Malema, who was found guilty in October, appeared again for pre-sentencing proceedings in the long-running case. The five charges under the Firearms Control Act were laid by AfriForum after he was filmed discharging a rifle at the Sisa Dukashe Stadium in Mdantsane in 2018.
He has consistently maintained his innocence, describing the case as politically motivated and previously claiming the firearm was a toy. Malema remains out on bail.
Outside court, large numbers of supporters dressed in the EFF’s trademark red filled the streets and the public gallery. Some waved flags and sang songs in support of their leader, while others held placards declaring solidarity — with a few even saying they should be arrested alongside him.
Pre-Sentencing Report Highlights Upbringing and Conduct
Olivier ruled that Thompson should not be photographed as she read her report into the record. She described Malema as having grown up in poverty, raised in a crowded household where resources were shared and money was scarce.
She said Malema, whom she claimed had no previous run-ins with the law before this matter, should not be sent to prison. His upbringing, “good behaviour” and role among his supporters, she argued, made imprisonment “unjust”.
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“He is the voice for the people,” Thompson said, adding he had “a positive impact on society”.
“There was no intent to cause harm … it was a celebration.”
Olivier challenged her reasoning, asking whether her view suggested that “anyone who is having a birthday today may walk down Oxford Street, shoot a firearm, and say it is their birthday and they are celebrating.
“Is that what you are saying to me?”
Thompson replied: “No.”
“Just explain the difference then, please, ma’am,” Olivier said.
“Your Worship, what I mean is that it was used for a celebratory shooting,” Thompson responded.
Court Hears Details of Assessments and Cross-Examination
According to Thompson, her assessment was based on three interviews with Malema, discussions with his wife, two friends and two employees, and a final interview conducted at his home in Polokwane.
She also carried out an Enneagram personality assessment, a tool used to understand motivations.
She told the court Malema was “open and cooperative” throughout and does not smoke or drink alcohol. She outlined that he was born to a single mother and raised as an only child after the deaths of his siblings at young ages.
After leaving home in 2001 following his election as president of the Congress of SA Students, Malema returned to Limpopo in 2003 and later took responsibility for caring for his grandmother after his mother’s death in October 2006.
Thompson said his grandmother’s death in May 2019 was another major loss.
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She maintained Malema has no prior criminal convictions and that a custodial sentence would be “unjust”, adding that his imprisonment would create a political void in the communities he represents.
During cross-examination, prosecutor Adv Joel Cesar questioned the depth of her assessment, suggesting five hours was insufficient, and implied that wealthy individuals pay her to help them avoid prison. Thompson said she was paid less than R20,000.
Adv Tembeka Ngcukaitobi, who joined the defence team, argued that Malema’s background and contribution to society should weigh in his favour when sentence is considered.
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