State opposes lenient sentence for Malema
The State has challenged a pre-sentencing report recommending a fine rather than jail time for EFF leader Julius Malema, who's been convicted of gun-related charges.
Malema fired a rifle on stage at the party's birthday rally in Mdantsane in 2018.
In her pre-sentencing report presented today, social worker Jesse Thompson said Malema was a first time offender - and had used the firearm briefly for celebratory purposes, with no intention to harm.
She told the court that a jail sentence would severely affect Malema's family and would disqualify him from serving in Parliament for at least five years.
During cross-examination state prosecutor Joel Cesar questioned Thompson on her consistent recommendation of non-custodial sentences in serious criminal cases.
Cesar argued that Malema’s case involved the reckless discharge of a firearm in a crowded public space, placing lives at risk regardless of whether anyone was injured.
" Did you take into consideration the fact that he was actually the author of his own misfortune? The moment he decided to take that firearm and fire those sorts, in fact, firearms and fire, those shots? He was the author of his own misfortune. So how must that now be beneficial to him? How must he benefit from that?"
READ: Court told Malema should not be sent to jail in firearm case
The State further argued that her proposed fine sentence allows wealthy accused persons to buy their way out of prison.
Thompson rejected this, saying fines are a lawful sentencing option under the Firearms Control Act.
"There was no intent to obtain the firearm illegally that is either stolen or or unlicensed, keeping with the intent to go and commit murder or robbery or any other crime, as in many of those cases that that stated. It's different in that, in that context."
The case has been postponed to April.
The leader of the red berets addressed thousands of supporters outside court. He says he's not afraid of going to prison.
Malema said people fear political debates - which is why they use courts to settle political differences.
" When I joined this struggle, I knew three things might happen to me. They'll either arrest me or they'll either kill me. If they don't kill me, I'll attain my freedom. We fight for the freedom. We are not scared of death. We are not scared of prison. We are scared of poverty. We are scared of unemployment. We are scared of being landless.
"We are scared of living without our dignity."
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