JOHANNESBURG - Legal expert Zola Majavu said it is not unusual that EFF leader Julius Malema was released on warning the same day he was sentenced and subsequently granted leave to appeal.
Magistrate Twanet Olivier handed Malema a five-year direct prison term for violating the Firearms Control Act.
His legal team immediately lodged an application for leave to appeal his conviction and sentence in the East London Regional Court.
READ: EXPLAINER | Malema granted leave to appeal sentence, not conviction
Olivier granted Malema leave to appeal his five-year prison sentence, but his bid to have another court consider the conviction was denied.
He was then released on a warning pending the outcome of his appeal, which meant that he had, for now, avoided spending any time in jail.
Majavu praised Malema’s legal team for anticipating all possible scenarios and planning and executing for each.
“What has happened to Mr Malema is not special to him; it happens every day," Majavu said.
"The only thing is that his legal team was on top of the game because they anticipated all possible scenarios, and they planned and executed for each."
In October last year, Malema was found guilty of firing several shots in front of a crowd during the EFF's fifth birthday party celebrations in 2018.
His co-accused, Adriaan Snyman, was acquitted of all charges.
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Here is a breakdown of Malema's sentence:
Count 1: Unlawful possession of a firearm - 5 years imprisonment
Count 2: Unlawful possession of ammunition - 2 years imprisonment
Count 3: Discharging a firearm in public – R20, 000 fine
Count 4: Failure to take reasonable precautions to person or property - R20, 000 fine
Count 5: Reckless endangerment to person or property - R20, 000 fine
Counts 3, 4, 5 have an alternative of 6 months in prison if he can’t afford to pay the fines.