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A suspended financial penalty, restrictions on firearm ownership and a compulsory donation to an anti-gun violence organisation have been put forward as suitable punishment for EFF leader Julius Malema.
The recommendations were made by seasoned social worker and qualified lawyer Jessie Thompson while testifying in mitigation of sentence in the East London regional court on Friday. Thompson told the court that any fine imposed should reflect the seriousness of the offences but be suspended to promote continued compliance with the law.
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She further suggested that Malema be barred from applying for a firearm licence for a defined period as a deterrent, and that he be ordered to make a monetary contribution to Gun Free South Africa, an NGO dedicated to reducing gun-related violence.
2018 Firearm Incident Central To Malema Conviction
Malema is currently undergoing presentence proceedings after being found guilty on five counts linked to the discharge of a firearm during the EFF’s birthday celebrations in Mdantsane in 2018.
According to Thompson, the extended delay of more than seven years between the commission of the offence and the conviction should be viewed as a mitigating factor in sentencing.
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She told the court that while Malema continues to assert his innocence — a stance often regarded as a risk factor — his acknowledgement that a criminal record could weaken his authority when advocating for respect for the law reduced the likelihood of him reoffending.
“As a revolutionary, the accused frequently challenges established conventions.
“While his readiness to address perceived injustices may continue to invite controversy and potential legal scrutiny, these actions alone do not necessarily heighten the risk of him re-offending, unless future legislation criminalises specific behaviours such as hate speech,” Thompson said.
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Malema Is A First-Time Offender
Thompson also argued that the five convictions stemmed from a single episode and should therefore be treated collectively during sentencing. She pointed out that video evidence showed Malema did not load the firearm during the incident.
Highlighting his personal background, Thompson said Malema learned the value of family early in life, maintained close familial ties and relied on that support during difficult periods. She added that his resilience and coping skills were evident in his steady career progression despite a challenging upbringing.
At 44, Malema is a first-time offender who was 37 when the offence occurred and had “fully co-operated with the court for five years”.
“He has not reoffended since. Although not part of the sentence, any form of pain or discomfort an offender suffers as a result of committing a crime can be seen as punishment and moral retribution,” she said.
Thompson concluded that these factors significantly lowered the risk of Malema committing similar offences in the future. State prosecutor Joel Cesar has since begun cross-examining her testimony.
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