High Court gives Malema permission to appeal firearm conviction

Malema was found guilty of contravening the Firearms Control Act by the East London Magistrate's Court last year and handed an effective five years in direct imprisonment by Magistrate Twanet Olivier in April. The Eastern Cape High Court in Makhanda has reportedly granted EFF president Julius Malema leave to appeal his conviction on firearm charges. Malema was found guilty of contravening the Firearms Control Act by the East London Magistrate’s Court last year and handed an effective five years in direct imprisonment by Magistrate Twanet Olivier in April. Malema and his bodyguard, Adriaan Snyman, have been on trial for several years for discharging a firearm at the party’s fifth birthday celebrations in Mdantsane in 2018. Malema was found guilty of unlawful possession of a firearm and ammunition, unlawful discharge of a firearm in a built-up area, failure to take reasonable precautions to avoid danger, and reckless endangerment to persons or property. He denied the charges, claiming the rifle was a toy and that it did not put anyone’s life in danger. Challenge In her April ruling, after hearing arguments from the state and the defence, Olivier said she stood by her sentence, but another court could come to a different conclusion. “This court does not have any intention to stand in the way of such a possibility.” The court, however, refused leave to appeal the conviction. Malema’s legal team then petitioned the High Court. An order signed by the High Court on Monday, 28 September, said Malema’s legal team has provided sufficient grounds for the matter to now be heard. No one above the law Gun violence prevention expert Claire Taylor told The Citizen that Malema’s sentencing confirmed that nobody, including senior political leaders, was above the law. “South Africa has one of the highest levels of gun violence in the world, with more than 30 people shot dead every day. In this context, public figures have a particular duty to act responsibly. “When they treat guns as props or symbols of power, they feed a culture in which firearms are glorified, and gun violence is normalised.” Guns flow in SA The High Court’s decision comes just days after multiple mass shooting incidents. 18 people died, and nearly two dozen were left wounded during a shooting at Wedela tavern in Gauteng over the weekend. The suspects were reportedly armed with AK-47s and handguns. On Sunday morning, gunmen opened fire at an entertainment venue in Lwandle, near Strand in the Western Cape, killing 10 people and injuring another 11. Last week, 11 people were shot in an incident in KwaMakhutha, south of Durban. President Cyril Ramaphosa reacted to the latest shooting, saying gun violence was a scourge on the country. “We cannot be a country where people just pick up guns and start shooting at people at random, making the people of South Africa unsafe. “This has to be brought to an end, and we will be taking the necessary actions to address this,” he said. This is a developing story. Additional reporting by Faizel Patel and Masoka Dube