A private social worker has told the East London Regional Court that locking up Economic Freedom Fighters (EFF) leader Julius Malema would not be appropriate, arguing that imprisonment would serve little purpose in his case.
Malema appeared in court this week as part of pre-sentencing proceedings linked to his 2018 conviction over a firearm incident at the EFF’s fifth birthday celebration in Mdantsane.
Background to the Firearm Conviction
The case stems from celebrations held at Sisa Dukashe Stadium, where Malema was filmed firing a gun into the air.
He was later found guilty of several offences, including unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, and reckless endangerment.
The conviction was handed down in October last year, though Malema has repeatedly insisted the matter is politically driven.
Social Worker: No One Was Hurt
During court proceedings, social worker Jessie Thompson presented a pre-sentencing report that focused heavily on the context of the incident.
She told the court that no one was physically injured and that the firearm was discharged as part of a celebration, not with any violent intent.
According to Thompson, these factors are important when weighing up an appropriate sentence.
Community Standing Weighed In Court
Thompson also highlighted Malema’s public profile beyond politics, describing him as a figure with significant community influence.
She referenced his involvement in charitable causes and development initiatives across South Africa, arguing that these contributions should be taken into account.
After assessing Malema’s personal circumstances, the seriousness of the offences, and the interests of society, she concluded that prison would not be the most constructive outcome.
Fine, Restrictions and Restitution Suggested
Instead of jail time, the social worker proposed a financial penalty that reflects the gravity of the offences, with the fine suspended as an incentive for continued lawful conduct.
She further suggested that Malema be barred from applying for a firearm licence for a set period.
As an added measure, she recommended that he make a monetary donation to Gun Free South Africa, an organisation that works to curb gun violence nationwide.
Case Pushed to April for Final Arguments
The pre-sentencing phase has not yet wrapped up.
The court postponed the matter to Wednesday, 15 April 2026, when closing arguments will be heard before a final decision on sentencing is made.
For now, the question before the court is not whether Malema broke the law — that has already been settled — but what punishment best serves justice, deterrence and the public interest.
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