Malema files court petition seeking leave to appeal his firearm convictions

In his bid to stay out of prison, EFF president Julius Malema has filed a petition in the Makhanda High Court seeking leave to appeal his convictions on five firearm-related offences and the five-year prison sentence.

Malema is facing five years behind bars after he was found guilty of discharging an assault rifle at the 2018 EFF anniversary celebrations in Mdantsane.

In April, the Kugompo Regional Court granted him leave to appeal the sentence but refused leave to appeal against the convictions.

Julius Malema’s continued political career is now in the hands of the Makhanda High Court, where he has lodged an appeal against his convictions, which could ultimately affect his sentence.

The charges stem from an incident at the EFF’s fifth anniversary celebrations at a stadium in Mdantsane in July 2018, where Malema was seen in a video discharging an assault rifle.

Malema was charged with five firearm-related offences.

He was convicted on five counts:

* Unlawful possession of a firearm (.223 Norinco rifle or unknown make)

* Unlawful possession of ammunition (.223 Remington bullet)

* Unlawful discharge of a firearm in a built-up area

* Failure to take reasonable precautions to avoid danger

* Reckless endangerment to persons or property

He denied the charges, claiming the rifle was a toy gun loaded with blanks and that no one was ever in danger.

However, the Kugompo Regional Court rejected his explanation and found him guilty on all counts.

Malema accused Magistrate Twanet Olivier, who sentenced him, of being racist.

The EFF leader is desperate to have the unlawful possession of a firearm conviction overturned, as it carries a direct five-year prison sentence without the option of a fine.

In court papers, Malema argues that the trial court erred in its application of the rules governing circumstantial evidence.

He contends that the State failed to present direct evidence linking him to the firearm or ammunition, adding that no witness testified to seeing him fire a weapon and that no fingerprint or DNA evidence connected him to either the firearm or the spent cartridge relied upon by the prosecution.

The EFF leader is also challenging the authenticity of the video evidence used during the trial, arguing that it was not properly handled.

He further submits that the court misdirected itself in its interpretation of possession under the Firearms Control Act and placed undue reliance on the evidence of State witnesses while rejecting his version of events.

However, the State, in opposing Malema’s application for leave to appeal, argues that he has no reasonable prospects of success and that the trial court’s findings were supported by the evidence.

Prosecutors contend that the video, ballistic and expert evidence, taken together, established Malema’s guilt beyond a reasonable doubt.

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