- Julius Malema was convicted on five counts linked to unlawful firearm possession and discharge.
- The court rejected the claim that the firearm was discharged as a harmless celebration.
- The case provides a practical explanation of firearm offences and release on warning in South African law.
The conviction and sentencing of Julius Malema brought renewed attention to how South African law regulates the possession, handling and discharge of firearms, as well as how accused persons may be released pending further court processes.
Malema appeared in the East London Regional Court for sentencing after being convicted in October on five counts, including contraventions of the Firearms Control Act 60 of 2000. The charges stemmed from an incident at the Economic Freedom Fighters’ birthday celebrations in 2018, where he fired live rounds into the air.
Court findings on the discharge of the firearm
In delivering the sentence, Magistrate Twanet Olivier said the court had weighed what the defence placed before it, alongside the seriousness of the offences and Malema’s personal circumstances.
Magistrate Olivier said, “The sentence imposed should fit the offender as well as the crime. It must be fair to society and blended with a measure of mercy according to the circumstances of each matter.”
The court rejected the characterisation of the incident as a celebratory act. Magistrate Olivier described this as “nonsensical” and stated that Malema knew his conduct was unlawful.
She further found that the events were planned. “It wasn’t an impulsive act. It wasn’t anger. It was the event of the evening,” she said.
Magistrate Olivier added that the decision to discharge the firearm had been made ahead of the event, with the involvement of the accused. Magistrate Olivier said, “This decision has been made, and it was made with the approval of the accused person and the leadership.”
She continued, “The accused knew it would cause harm to persons or property and yet proceeded to possess the rifle and to fire the shot in celebration.”
The court emphasised that the brief duration of the act did not reduce its seriousness. Even if it was over in under a minute, the impact remained the same.
The sentence imposed
Malema was sentenced on five counts arising from the same incident. On count one, unlawful possession of a firearm, he was sentenced to five years in prison. On count two, unlawful possession of ammunition, he received two years.
On counts three, four and five, which related to discharging a firearm in public, failure to take reasonable precautions and reckless endangerment, the court imposed fines of R20 000 on each count. The alternative was six months in prison per count if the fines went unpaid. Malema was granted leave to appeal and released on warning.
Understanding release on warning and bail
The case also illustrates how accused persons can be released while legal proceedings continue. Release on warning means an accused person is freed without paying any money, but must return to court on a set date. It is generally applied where the offence is less serious, the accused has no prior convictions, and there is no reason to believe they will abscond.
A person released on warning signs a formal undertaking to attend court and may be subject to conditions set by the court. Failure to comply can result in a warrant of arrest and tighter conditions going forward.
Bail involves the payment of a sum of money as a guarantee that the accused will return to court. It often comes with conditions such as reporting to a police station or surrendering travel documents. Bail can be revoked if those conditions are breached, and failure to appear in court may result in the money being forfeited and the accused being arrested.
If a person is denied release on warning, they may still apply for bail. In deciding on bail, a court considers the nature of the charge, the strength of the evidence, the accused’s criminal record and the risk that they may abscond or interfere with the administration of justice.
Firearm offences under South African law
The Firearms Control Act 60 of 2000 regulates firearm ownership and use in South Africa. It covers the licensing and registration of firearms, control of ammunition, firearm-free zones, the duties of owners and the offences and penalties that apply.
Possession of a firearm or ammunition without a valid licence, permit or authorisation is a criminal offence. This includes having an unlicensed firearm at home, in a vehicle or at a workplace, as well as possessing ammunition without a lawful entitlement.
The law also criminalises the negligent or reckless discharge of a firearm in public spaces. Firing a gun during a celebration can result in arrest and prosecution.
Additional offences include failure to store firearms safely and the unlawful sale or transfer of firearms or ammunition. Convictions can carry imprisonment, fines and the permanent loss of firearm rights.
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