Malema sentencing: Lawyer argues custodial sentence would be 'grossly unfair'

Julius Malema’s lawyer argued that a custodial sentence would be grossly unfair, pointing out that no one was injured when the Economic Freedom Fighter (EFF) leader fired shots at a party rally in Mdantsane.

Malema was appearing in the East London Magistrates Court for sentencing proceedings on Wednesday.

He was found guilty of violating gun laws for firing a rifle into the air in front of thousands of supporters at a rally in Mdantsane in 2018. 

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A custodial sentence would disqualify him from serving as a member of Parliament (MP) for five years.

His senior counsel, Laurence Hodes, argued that a fine would be a more appropriate penalty.

"What we say is that we have illustrated that mere possession does not always mean there should be incarceration. Each case must be evaluated on its facts and the facts of this case are indeed unique," said Hodes.