Social worker recommends suspended sentence for Malema

Malema appeared at the East London Magistrate’s Court in the Eastern Cape on Friday as part of pre-sentencing proceedings. 

He was found guilty of unlawfully firing a firearm during an EFF rally in Mdantsane in 2018, after a drawn-out trial that experienced several delays.

Addressing the court in mitigation of sentence, Thompson argued that a fine should be imposed to reflect the severity of the offence, but recommended that it be suspended to encourage ongoing compliance with the law.

She also suggested that Malema be prohibited from applying for a firearm licence for a defined period as a deterrent measure, and that he be required to make a monetary contribution to Gun Free South Africa and other organisations dedicated to reducing gun violence.

Thompson further drew attention to Malema’s domestic situation, explaining that his wife is a stay-at-home mother and that the family depends mainly on his income as an MP, meaning that imprisonment could risk the household’s financial stability. 

“In recognition of the value of her role, the accused provides his wife with a monthly allowance, reflecting his belief that stay-at-home mothers should be compensated for their contributions. She temporarily put her career as a qualified financial adviser in the corporate and investment banking sector on hold to raise their children,” Thompson said.

According to her report, Malema continues to assert his innocence but accepts the risks associated with discharging a firearm in a public environment and regrets creating the impression that reckless firearm use could be tolerated.

“He is a first-time offender and has not committed any further offences over the past seven years. These factors, together with the individual deterrents already discussed, indicate that rehabilitation is not a primary concern in this matter,” Thompson added.

Pre-sentencing proceedings have been postponed to April.