Tag Archives: EFF leader Julius Malema jailed five years

EFF leader Julius Malema escapes prison, appeal keeps him out for now

PRETORIA-(MaraviPost)-Economic Freedom Fighters President Julius Malema has escaped prison after he was sentenced to a cumulative prison term after Judge Twanet Olivier handed down punishment on three counts in court on Thursday.

In her ruling, Judge Olivier sentenced Malema to five years imprisonment on count one, two years imprisonment on count two, and on count three a fine of R20,000 or six months imprisonment in default of payment.

The sentences follow a trial whose details were not immediately made public in the court’s sentencing remarks.

The charges and factual background of each count were not elaborated during the brief delivery of the sentence.

Malema’s legal team moved swiftly after the sentence was pronounced.

His lawyers launched an appeal before he could be taken into custody.

Under South African criminal procedure, the noting of an appeal against a conviction and sentence generally suspends the execution of the sentence pending the outcome of the appeal, unless the court directs otherwise.

As a result, the EFF leader will remain out of prison for now until the appeal is heard and determined by a higher court.

The court did not set bail conditions in the sentencing sitting because the appeal was noted immediately, effectively staying the custodial sentences.

There was a heavy security presence outside court as EFF supporters gathered to hear the outcome.

Party officials urged calm after the sentence and said the legal team was confident in the grounds of appeal.

“The appeal process is part of the law and we will pursue it to the fullest. The President of the EFF will continue with his duties while the legal process runs its course,” an EFF spokesperson said outside court.

The National Prosecuting Authority welcomed the sentence but noted that the appeal was expected.

“The court has spoken on the evidence before it. We will respond to the appeal in due course,” a prosecution representative said.

Legal analysts say the appeal could take several months depending on the court roll and the preparation of the record.

The appellate court will review whether the trial court misdirected itself on conviction, on sentence, or both.

Until that process concludes, the sentences of five years and two years imprisonment will not be executed, and the R20,000 fine or six months alternative on count three is likewise stayed.

Malema did not address the media after the proceedings. He left court with his legal team and senior EFF leaders.

The ruling marks the most serious legal setback for the EFF leader since the party was formed in 2013.

The EFF has built its brand on militant opposition to corruption and what it terms economic exclusion, with Malema as its most visible figure.

Political reaction began filtering in minutes after the sentence.

Opposition parties called for respect for the courts while the ANC said the law must be allowed to take its course.

Civil society groups stressed that the appeal process is a constitutional right and should be respected by all sides.

The High Court will now transmit the record to the appellate division.

A date for the hearing of the appeal has not yet been set.

Until then, Julius Malema remains free, the EFF’s parliamentary and political programme continues, and the legal battle over the three counts moves to the next stage.