'He lost his mother young': Social worker pleads for leniency in Malema's firearm trial
AWAITING SENTENCING
Image: EFF leader Julius Malema
A social worker took the stand at the East London Magistrate’s Court and testified about how Julius Malema lost his mother at a young age, never even knew who his father was, and from a young age, used his own money to help the poor.
Jessie Thompson further said Malema should only be slapped with a suspended fine, barred from obtaining a firearm licence, and ordered to pay money to Gun Free SA.
But whether that will be enough to keep the EFF leader out of jail for firing a semi-automatic rifle into the air during a birthday bash will only be known when Magistrate Twanet Olivier hands down a sentence on April 15.
The case was postponed to that date to allow the state and the defence to exchange heads of argument, after which a sanction will be imposed.
Malema, who was found guilty as charged in October, took to the dock again on Friday for pre-sentencing proceedings in the long-running firearm case.
The five charges, which fall under the Firearms Control Act, were laid by AfriForum after Malema was filmed discharging the rifle at the Sisa Dukashe Stadium in Mdantsane in 2018.
From the outset, Malema has said he was not guilty and has described the charges against him as politically driven.
Malema, who is out on bail, previously claimed the firearm was a toy.
Throngs of supporters, many dressed head to toe in the EFF’s signature red, braved the heat as they lined the streets and filled the courtroom gallery.
Some held placards bearing messages of support for Malema, while others waved flags and gathered nearby.
They sang songs and chanted in support of their commander-in-chief, with some placards even declaring they should be arrested alongside him.
During the proceedings, Malema’s legal team — bolstered at the eleventh hour by heavyweight Adv Tembeka Ngcukaitobi — called Thompson to the witness box to read into the record a pre-sentencing report she had compiled at the defence’s request.
Olivier ruled that Thompson should not be photographed in court.
SHOW OF SUPPORT
Image: Three EFF members held up placards saying they stood with their commander-in-chief, Julius Malema
In the report, Thompson set out Malema’s personal background and circumstances.
She said he grew up in poverty and suffered significant personal loss from a young age.
She said Malema, whom she claimed had never been in trouble with the law before this case, should not be sent to prison. She argued his tough upbringing, "good behaviour" and importance to his supporters made jail time “unjust”.
"He is the voice for the people," she said, adding he had "a positive impact on society".
"There was no intent to cause harm ... it was a celebration."
Olivier later said Thompson’s view — that the full punishment should not be imposed because the shooting was merely celebratory — could be taken to mean that “anyone who is having a birthday today may walk down Oxford Street, shoot a firearm, and say it is their birthday and they are celebrating.
"Is that what you are saying to me?”
Thompson was quick to reply: “No.”
“Just explain the difference then, please, ma’am,” Olivier said.
“Your Worship, what I mean is that it was used for a celebratory shooting,” Thompson responded.
Thompson, in her report, said her assessment of Malema included three personal interviews with him, as well as interviews with his wife, two friends and two employees.
The final interview was conducted at Malema’s home in Polokwane.
Thompson said she also conducted an Enneagram personality type assessment.
Enneagram is a personality test used to understand a person’s motivations.
She told the court Malema was "open and cooperative" throughout the process.
He also doesn't smoke or drink booze, she said of the father of three.
In outlining his personal background, Thompson said Malema was born to a single mother.
According to the report, his mother had two other children — an older daughter who appears to have died around the time of his birth, and a younger daughter who did not survive beyond the age of two — which resulted in Malema being raised as an only child.
Thompson said he grew up in a crowded household with extended family, where money was scarce, and resources were shared.
Thompson said even in hard times, Malema’s mother and grandmother helped others — and he grew up with those values.
She said Malema grew up without knowing the identity of his father.
He left his childhood home in 2001 after being elected president of the Congress of SA Students, a student political organisation, and returned to Limpopo in 2003.
That is when he established his own residence while maintaining close family ties, she said.
After his mother’s death in October 2006, Malema assumed responsibility for caring for his grandmother.
Thompson said her death in May 2019 was a major personal loss for him.
In her assessment, Thompson said Malema had no prior criminal convictions and said a custodial sentence would be "unjust".
She also said his imprisonment would create a political void for the communities he represents.
Prosecutor Adv Joel Cesar, during cross examination, peppered her with questions.
He pressed the point that Thompson had assessed Malema for only five hours, which he argued was insufficient.
Cesar also suggested that wealthy individuals pay her to testify in an effort to avoid prison.
When asked how much she was paid, Thompson said it was less than R20,000.
Ngcukaitobi also argued that Malema’s upbringing and his contribution to society should be taken into account.
IOL