Malema Lawyer Gives Update On His Jail Sentencing
KUGOMPO CITY – Julius Malema’s lawyer, Advocate Laurence Hodes, says possession of a firearm doesn’t necessarily carry a jail sentence.
This as pre-sentencing proceedings continue in the East London Regional Court in KuGompo City.
In January, Malema was convicted of five charges, including unlawful possession of a firearm and discharging a firearm in a built-up area.
The State is pushing for a prison sentence of up to 15 years.
Addressing the court, Hodes said the defence has illustrated that mere possession and discharge do not always mean that there must be incarceration.
“Each case must be evaluated and it’s facts,” he told the packed courtroom.
“The facts of this case are indeed unique. And we say, firstly, possession cases have frequently attracted either suspended sentences or fines. Secondly, discharge cases have also frequently attracted either suspended sentences or fines.”
Hodes argued sending a person to imprisonment merely because they possess the file and discharge is contrary to the law.
“In our view, there’s no obligation that the court has to imprison somebody for these offenses.”
“To send any person to prison for the single event would be shockingly inappropriate, that it can be dismissed out of hand without more. We said the lawful and appropriate sentence repose cannot include a custodial sentence. Only a non-custodial sentence would be compatible with the principles of sentencing in South Africa.”
He added nobody had testified that they were in fear of Malema by virtue of the offences committed by him.
