JUST IN: High Court gives Malema permission to appeal firearm conviction

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 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 stands 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 reasons 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.”

The High Court’s decision comes just days after multiple mass killing incidents.

This is a developing story