Rule of law? What rule of law? Julius Malema’s never-ending soaring above SA law continues
Despite video evidence of Malema and other EFF leaders committing acts of violence, they have been acquitted in court, raising questions of whether they are being given special treatment and undermining trust in the rule of law.
EFF leader Julius Malema. (Photo: Gallo Images / OJ Koloti)
Julius Malema has been in court several times and acquitted of various criminal charges. Those who support the independence of the judiciary can hardly complain when judges find, according to the law, that he is not guilty. But, in an age when there is a video camera in every pocket, the examples of him and other EFF leaders committing acts of violence and being acquitted have important consequences.
Later this week, Malema and his co-accused Adriaan Snyman are due to ask the East London magistrate in his firearm discharge case to drop the charges against them. They will argue that the prosecution has not brought a case they need to answer.
The charge in question is the illegal discharge of a firearm. It relates to a video which emerged of Malema appearing to
style="font-weight: 400;">fire a gun into the air during an EFF rally in East London five years ago.
Despite this apparent video evidence, it is entirely possible that Malema’s lawyers will succeed in their application.
First, there appear to be problems with the chain of evidence, as the prosecution has not been able to trace the person who filmed the original video.
Second, Malema’s own VIP protection officers (who were presumably on the scene at the time) say they have no memory of him firing this gun.
And it appears the security company which provided the firearm in question has records indicating that it was not in East London on that day, but in fact in Johannesburg.
This means that despite the apparent video evidence, viewed by many people, Malema may well be found not guilty.
Malema‘s co-accused Adriaan Snyman at the East London Regional Court on 11 September 2023. (Photo: Gallo Images / Die Burger / Lulama Zenzile)
This follows a familiar theme.
At the funeral of Winnie Madikizela-Mandela, Malema and former EFF spokesperson Mbuyiseni Ndlozi were filmed
style="font-weight: 400;">slapping a white police officer.
While there have been other incidents in which EFF leaders have been accused of violence, the striking point in these particular cases is that there is video evidence. And yet they have been acquitted (or could be in the East London case).
First, it suggests that despite Malema’s repeated claims that the judiciary is biased against him, or is the tool of Cyril Ramaphosa or “White Monopoly Capital”, this is clearly not the case.
It should make it harder for him to continue to attack judges in this way.
It also provides a test for those who oppose Malema and support the rule of law. If they believe that judges are independent and that politicians should not attack the judiciary, they must accept the findings in these cases, no matter how puzzling they may appear, and would be well-advised not to complain about them publicly.
At the same time though, there are other consequences.
It is hard to imagine an ordinary citizen being filmed slapping a police officer, pushing a journalist into a wall or firing a gun into the air, and getting away with it.
Malema’s opponents can understandably view the findings of these court cases as revealing that he is above the law — no matter what he does, he gets away with it.
The fact that he is the only political leader who is not a current or former member of the executive to have VIP protection provided by the state reinforces the perception that he is getting special treatment.
Malema and fellow EFF leaders may want to continue down this path — if they can get away with all of the above, why stop now?
But there is another, more damaging consequence.
In a country in which the rule of law has never been fully accepted by everyone (the rule of apartheid law was of course used as an instrument of oppression, as the fire at the former Johannesburg pass office reminds us), these findings will provoke even less trust in the law and less interest in adhering to it.
After all, if Malema can get away with it, why can’t I?
And what would have happened if some of these cases had been reversed? If a white police officer had physically handled Malema or Ndlozi, how would they have responded?
If a member of AfriForum was filmed shooting a firearm into the air, would the EFF have demanded they be held legally accountable?
Normally, the rule of law would be used to provide some level of control over this. But if that rule is no longer accepted, unrestrained behaviour follows, with the weakening of the political centre, which is where the ANC and the DA find themselves.
There will be more cases to come.
The NSPCA has lodged another case against Malema, alleging he is guilty of animal cruelty for stabbing a cow several times in an attempt to slaughter it. This too was caught on video. He would have known that he was being filmed and that it could lead the NSPCA into this action.
This will allow him to claim that he is being prosecuted simply for following the traditions of most people of this country, and that the NSPCA is controlled by white people.
And again, he may be able to use the courts for political grandstanding, as he has done since at least 2011, during his first hate-speech trial.
So far, for more than a decade, this deliberate strategy has worked for him.
He is likely to repeat it and/or escalate it, no matter what the cost to the perception of the rule of law, South Africa’s democracy and its people. The main domain Julius Malema will continue to serve is himself and himself alone. DM
So no provenance for the video, records show gun was not in that particular location on that day, people present who 'don't remember'; and all this years after the event with many postponed hearings of this case in between... it reminds me of 1920s America.
Rob AlexanderSep 18, 2023, 11:42 AM
I asked ChatGPT to list similarities in behaviour between Julius Malema and Adolf Hitler using < 1450 characters:
Comparing Julius Malema and Adolf Hitler's behaviour, while recognizing their vastly different historical contexts and impacts:
Charismatic Oratory: Both had strong public speaking skills, using charisma to rally supporters through passionate speeches.
Populist Rhetoric: They employed populist messages, appealing to grievances and positioning themselves as champions of the common people against perceived elites.
Nationalism: Both expressed fervent nationalist sentiments. Hitler promoted Aryan supremacy, while Malema advocates African nationalism.
Controversial Statements: They made provocative remarks that polarized public opinion. Hitler's anti-Semitic comments are infamous, while Malema has sparked debates on race and inequality.
Political Radicalism: Both were associated with radical ideologies. Hitler led the Nazi Party, promoting fascism, while Malema's EFF advocates radical economic reforms.
Authoritarian Leanings: They exhibited authoritarian tendencies. Hitler's regime was authoritarian and repressive, while Malema's confrontational approach has been criticized.
These behavioural similarities exist but should be understood within their distinct historical contexts, with Hitler's actions during WWII being of vastly greater consequence than Malema's contemporary political activities. Comparisons should be made carefully and responsibly.
mark.assessors@gmail.comSep 18, 2023, 11:48 AM
I can't wait to read his obituary.
Carol GreenSep 18, 2023, 01:12 PM
Why does Malema have VIP protection and why is this not being questioned??? This is apart from the fact that the cost of VIP protection in SA is outrageous and should be reduced dramatically.
Robert Vos VosSep 18, 2023, 01:32 PM
Sbuyanitp9, right, ethical and decent behaviour are not reserved for any race group, but are the cornerstones of a civilised society. They are values that society generally needs to stick to unless we, as a civilised community, wish to descend into a state of chaos and lawlessness! Mr. Malema may feel that he is above the law, but his behaviour, and that of the courts in cases where he was acquitted under dubious circumstances, will eventually lead to his followers copying his reprehensible behaviour. Is that what we in South Africa wish for; to become a barbaric society?
Joe.Lethuli@implats.co.zaSep 18, 2023, 01:56 PM
Rob Vos, Malema has never portrayed himself being above the law. He gets charged, he attends courts and plead his cases. Is that what you call being above the law? Need I remind you that cases are conducted on evidence? Can we please allow the courts to do their work without us dictating what the outcomes must be?
Robert Vos VosSep 18, 2023, 04:42 PM
Are we talking here about the same law that has kept Zuma off the hook for the past 14 or so years? Or perhaps the same law that seems to apply to Malema and Shivambu in respect of their financial windfalls following the VBS heist. Try those stunts as a private citizen Joe and you will find yourself in the full sights of the law so fast your head will spin.
collen@inmine.co.zaSep 18, 2023, 07:28 PM
Hi Joe, using Amplats*co*za mail to respond....is this what Amplats promote? i think we should move from RSA....Guys, we in for a very difficult time seeing Amplats communication platform is used for promoting Malama's shenanigans.
Joe.Lethuli@implats.co.zaSep 18, 2023, 01:34 PM
I thought SG was against people who undermine judiciary but this piece tells me otherwise. He (SG) is insinuating that Malema gets preferential treatment from judiciary, and yet he is complaining when Malema says criticizes the judiciary. How hypocritical can one be. All cases mentioned by SG have gone through the courts, and judges made rulings, something that seem to be hard for SG to swallow. I am, and will not tolerate lawlessness, but if the courts have made a ruling, live with it Mr. Grootes!
Patrick DevineSep 18, 2023, 03:42 PM
VBS
Rod MacLeodSep 18, 2023, 04:39 PM
I'm here in the EU on an extended LSD holiday. WTF - we've lost the plot in SA. Sell, guys. Get your butts out of there. ZA = Zimbabwe, DRC, Angola etc. etc. Our ONCE beautiful country is GONZO. If you think things will miraculously improve after election day 2024, you're thoroughly delusional. The only space left untouched by the hand of destruction is the Western Cape - and that is top priority for destruction by the ANC. Reduce everything to the LCD. Never kid yourselves, the blight is running.
Morrison BelebanaSep 19, 2023, 06:42 AM
Malema is not the problem, the problem is our judicial system which doesn't have guts to uphold the rule of law. You can't ignore the law at the expense of justice.
Liesl van WykSep 27, 2023, 11:30 PM
The stagnation stemming from clinging to the familiar is both infuriating and regressive. "To reach new shores, one must lose sight of the old." Yet, many remain fixated on figures like Malema or Cyril, ignoring the vast potential of alternative solutions. This potential is eclipsed by outdated 'Struggle Politics' and 'Liberation Movements'. The challenges faced by the black community today echo past struggles, demanding we abandon outdated movements and confront extremist tendencies head-on.
Time is running out. Those entrenched in systemic corruption and superfluous state positions will soon face reckoning. The "lesser evil" sentiment is a toxin in our socio-political landscape. This "devil we know" approach perpetuates the pitfalls of a "patronage state," where loyalty trumps merit, eroding public trust.
Nostalgia for leaders like Zuma is misguided. Every delay pushes us further from effective governance. It's not about Malema or Cyril; it's about genuine public service. We must champion merit-based governance and reject the "lesser evil" narrative. South Africa's future demands decisive action now.
EFF leader Julius Malema. (Photo: Gallo Images / OJ Koloti) 
/file/dailymaverick/wp-content/uploads/2023/09/ED_467188.jpg "Malema‘s co-accused Adriaan Snyman at the East London Regional Court on 11 September 2023. (Photo: Gallo Images / Die Burger / Lulama Zenzile)")