MAKHANDA – The National Prosecuting Authority (NPA) is set to oppose Economic Freedom Fighters (EFF) leader Julius Malema’s appeal against his firearm conviction and effective five-year prison sentence.

The Eastern Cape High Court in Makhanda granted Malema leave to appeal on Monday.

The case stems from a viral video taken during the EFF’s fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in July 2018, which showed Malema firing shots into the air.

After his conviction, Malema’s legal team filed an application for leave to appeal Magistrate Twanet Olivier’s finding against him.

Malema’s firearm conviction

In an order issued on Monday, Judges Bantubonke Tokota and Murray Lowe ruled in favour of Malema’s petition.

Eastern Cape NPA spokesperson Luxolo Tyali confirmed that Malema had been granted leave to appeal at the Eastern Cape High Court in Makhanda.

“But as the NPA, we will oppose his appeal. We will then reply once he has submitted the papers,” Tyali said.

Malema’s co-accused and former bodyguard, Adriaan Snyman, was acquitted of two charges: failing to take reasonable precautions to avoid danger to persons or property and providing a firearm to a person not permitted to possess it.

Malema was found guilty of unlawful possession of a firearm, for which he was sentenced to five years’ imprisonment.

The court also sentenced him to two years’ imprisonment for unlawful possession of ammunition and fined him R20 000 for each of the remaining charges: discharging a firearm in a built-up area, failing to take reasonable precautions to avoid danger to persons or property, and recklessly endangering persons or property.

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