FF Plus says Malema must lose his seat as MP if he fails to overturn his sentence

The Freedom Front Plus says that if Economic Freedom Fighters (EFF) leader Julius Malema fails in his bid to overturn his sentence on gun charges, it will insist that he lose his Parliamentary seat.

The Constitution prohibits a person from serving as an MP if they have been handed a prison sentence of more than 12 months without the option of a fine, even if the sentence has been suspended.

The KuGompo City Magistrate’s Court has granted Malema leave to appeal his 5-year sentence, but not his conviction for violating gun laws.

The first two charges on which Julius Malema has been convicted does not allow the option for a fine to be paid, effectively making him ineligible to retain his parliamentary seat.

But with his sentence now suspended pending an appeal, Malema can for now, continue with his parliamentary duties.

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Welcoming Malema’s conviction for discharging a firearm at a 2018 political rally, the FF Plus’ Chief Whip Heloise Denner said the conviction also calls into question Malema’s suitability to serve on the Judicial Service Commission.

"There is a greater onus on public office bearers to set an example of law-abiding conduct. Crime is already rampant in South Africa. We can’t tolerate this from our MPs and our leaders in the public domain."

The party has also condemned the behaviour of EFF supporters outside court over the past two days, saying it had been opportunistic for the party to paint the case as a racial matter in order to influence the outcome.