EFF leader Julius Malema has outlined his legal plan to stay out of jail if he is given a custodial sentence when he appears in court in the Eastern Cape on Wednesday.
Malema said he has set up two legal teams at two Eastern Cape courts to help him appeal immediately if he is sent to prison.
Thousands of EFF supporters are expected to descend on KuGompo from Wednesday as their leader awaits his fate, which will determine his political future and that of his party. His sentencing will be held over two days at the East London magistrate’s court.
He was convicted in October on five firearm-related charges, including unlawful possession of a firearm, ammunition and firing a weapon in a public area in 2018 during an EFF event in KuGompo (East London).
“When they found me guilty in October, I said I was going to appeal, but I was waiting for sentencing.
“If they send me to prison, I will appeal immediately. I will have a team in East London and a team in Bhisho, the same day,” he said.
“Once [magistrate Twanet Olivier] says I must go to jail for whatever years, we will apply for leave to appeal, and once she rejects it, the Bhisho team will petition the high court, and send us proof that they had already petitioned the high court.
“We will then give that petition and immediately apply for bail, and if she refuses to grant that bail, we will also petition the high court.
If they send me to prison, I will appeal immediately. I will have a team in East London and a team in Bhisho, the same day.
— EFF leader Julius Malema
“The judge which deals with urgent matters in Bhisho will have to hear why such bail is denied.
“If bail is then granted, then it would be business as usual, because appeal suspends the decision of the lower court.”
Bhisho, Eastern Cape’s capital, is 65km west of KuGompo City.
Malema’s co-accused, former bodyguard Adriaan Snyman, was acquitted of all charges.
Since the matter was enrolled in court four years ago, the state has called 19 witnesses.
The proceedings follow a postponement earlier this year when the matter was delayed to allow both the state and defence to prepare arguments in aggravation and mitigation of sentence.
National Prosecuting Authority spokesperson Luxolo Tyali said the next two days would focus on oral argument.
“The state has now submitted its heads of argument to the magistrate, and so has the defence.
“On Wednesday and Thursday, these written arguments will be done orally before court.
“If the magistrate has anything she would need clarity on, she will then be able to ask those questions.
“Then, depending how ready she is, the magistrate will deliver her sentence,” Tyali said.
Legal experts say the outcome of the case could have far-reaching implications for Malema’s political career.
University of Free State deputy registrar for legal services and compliance, advocate Vuyo Booysen, said a custodial sentence would effectively end Malema’s ability to hold public office.
“It would be a different scenario if he gets a fine or a suspended sentence.
“He would have leeway as he could still be a member of parliament despite such sentence.”
By Tuesday afternoon, signs of mobilisation were already visible, with EFF merchandise vendors and supporters gathering at the Jan Smuts Stadium.
The party’s provincial secretary, Simthembile Madikizela, said at least 2,000 supporters from within the province would be transported to the city for the court proceedings.
Madikizela said the party had decided against inviting other provinces as it shifted focus to preparations for the upcoming local government elections.
Madikizela said supporters would gather for night vigils before marching to court on both days.
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