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Julius Malema’s legal team has dismissed the state’s assertion that imposing a fine would effectively allow the EFF leader to avoid a prison sentence by paying his way out.
Malema is due back at the East London Magistrate’s Court on Friday, where proceedings will focus on sentencing in his firearm discharge case.
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The argument emerged during the cross-examination of a social worker, when the prosecution challenged a recommendation that Malema receive a suspended fine instead of a custodial sentence.
State Questions Fine as Alternative to Prison
Prosecutor Joel Caeser put it to the court that a financial penalty could be seen as enabling Malema to use his resources to escape imprisonment.
The comment was made while scrutinising the social worker’s proposal, which favoured a non-custodial outcome.
The state’s position suggested that a fine, in this context, would undermine the principle of equal treatment before the law.
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In response, Malema’s advocate, Tembeka Ngcukaitobi, rejected the notion that a fine was inappropriate or unlawful. He argued that financial penalties are a recognised part of South Africa’s sentencing framework.
“The first difficulty which perhaps we can address is that a fine is part of the sentencing architecture of this country. It’s in the legislation. What impact does that actually have on particular biases against people who are perceived to occupy a certain level of status in society?”
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The court is expected to continue weighing sentencing considerations as Malema’s case proceeds.
The court has set April 15 for sentencing.
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