Court told Malema should not be sent to jail in firearm case
The East London Magistrate’s Court has heard that EFF leader Julius Malema should not be sent to prison for firing a rifle at a party rally.
Malema was convicted last October in his drawn-out firearms discharge case.
In a pre-sentencing report presented on Friday, the court heard that Malema is a first-time offender.
It was compiled by social worker Jesse Thompson, who said the EFF leader briefly held the firearm at the party’s fifth anniversary rally in Mdantsane in 2018.
She said Malema returned the firearm to its licensed owner and had no intent to cause harm.
The court also heard Malema has not re-offended in the seven years since the incident.
ALSO READ: Malema convicted on firearm charges
Thompson told the court she believes a jail sentence would severely affect his family and would disqualify him from serving in Parliament for at least five years.
The report recommends a fine and community service instead of prison.
" When I look at this compared to the other cases of a more serious nature, there were no, I couldn't find any intent, that the weapon was used with the aim of committing any other offences,” Thompson said.
"It was specifically for the purpose of the celebratory shots. It was in this position for a very, very short period of time, making it very distinguishable from all the other cases where a period of imprisonment would be imposed."
Malema's former bodyguard, who was with him on the stage at the party rally and had been charged alongside him, was acquitted last year.
Proceedings continue in court.
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