Julius Malema sentencing could reshape EFF leadership in Parliament

EFF leader Julius Malema will return to the East London Magistrate's Court on Friday for a pre-sentencing hearing following his conviction on multiple firearms-related charges.

These include unlawful possession of a firearm and ammunition, firing a gun in public, and reckless endangerment.

Some of these offences carry a minimum sentence of up to 15 years.

Legal expert Ulrich Roux says the court will weigh aggravating and mitigating factors before deciding on an appropriate sentence.

"The three main factors that the court will consider are the personal circumstances of the accused. Then, secondly, the severity of the offence. And then, thirdly, the message that is sent out to society.

"Is a strong message sent out to deter people from committing similar offences in future, or is the court going to send out a message that it is lenient, that he has shown remorse?

"One can expect Julius Malema to present what we refer to as a pre-sentence report that is submitted by either a social worker in private practice or a person from the Department of Correctional Services to try and convince the court that he should not be sent to a custodial sentence. In other words, he should not serve jail time for these offences that he has committed.

"So, certainly a lot of evidence that will still be led before a sentence is finally handed down in this matter."

The outcome could have major political consequences.

Any MP sentenced to more than 12 months in prison without the option of a fine loses their seat in Parliament.

Roux says Malema’s willingness to show remorse may be key, warning that continued claims of political persecution could count against him at sentencing.

"If he does show remorse, it's going to play a big role. But if he refuses to accept responsibility and he shows no remorse, then he could very well be receiving more than 12 months imprisonment in my view."

To listen to Roux in conversation with 702's Bongani Bingwa, use the audio below: