Julius Malema Defence Team Argues for Leniency, Says Tough Sentence Will Affect His Children

• Julius Malema appeared before the East London Magistrates Court, where he is attending his pre-sentencing hearing after he was convicted
• Malema appointed Advocate Tembeka Ngcukaitobi as part of his legal team to argue for leniency as he was found guilty of discharging a firearm in public in 2018
• South Africans were unmoved by his legal team's argument in favour of leniency and demanded that he be treated equally before the law
• Political analyst Mzoxolo Mpolase spoke to Briefly News about Malema's defence team's arguments

With 10 years’ experience, Tebogo Mokwena, Briefly News’ Deputy Head of the Current Affairs desk, South Africa, provided insights into the criminal justice system, crime statistics, commissions of inquiry, and high-profile cases in South Africa at Daily Sun.

EAST LONDON, EASTERN CAPE — The Economic Freedom Fighter (EFF) president Julius Malema's legal team argued for a lenient sentence on the basis that his family would be severely affected by his absence. Malema appeared before the East London Magistrates' Court on 23 January 2026 for his pre-sentencing hearing.

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Advocate Tembeka Ngcukaitobi is part of Malema's legal team, which is arguing for leniency. His legal team argued that there are several factors that underlie its argument for a softer sentence. The legal team said that he is the main financial provider for his family, and a tougher sentence would impact his ability to provide.

Malema's legal team pleads for leniency

The legal team also said that Malema has three children aged 19, nine, and seven, and has a strong family orientation. His absence would thus destabilise his children's social and psychological well-being. If he is sentenced for 12 months without a fine, he will be ineligible to serve in Parliament for five years. This would restrict his ability to represent his constituency as he continues to receive support from the South African public.

"His removal from office would inevitably create a void for the communities he represents, potentially diminishing their voices and the hopes he has consistently championed on their behalf. The accused's active involvement in community initiatives would be disrupted," the legal team read.

View the clip on X here:

Speaking to Briefly News about the legal team's various arguments, political analyst Mzoxolo Mpolase noted a bit of contradiction.

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"It is also worth noting that, to this day, Malema insists that what he fired was a toy firearm that discharged blanks. This, while simultaneously arguing, through submissions by his private social worker, that leniency should be shown because the weapon was fired “for celebratory purposes”.

"That contradiction alone tells you much about the farcical nature of the defence, and about the political theatre now being wrapped around the case itself," he said.

South Africans disagree with legal team

Netizens on X debated the legal team's arguments for leniency.

Gadfly said:

"This is boilerplate mitigation. Mr Malema should have placed his children's interests above political theatre before discharging a firearm in public."

Hoodlum said:

"Maybe he should've thought about that before shooting guns on stage."

BokFanNo1 said:

"He isn't special."

JS_Bond said:

"He should have thought about that before doing what he did. That's no defence."

Tibla said:

"Did he not think about that when he was firing the gun?"

Security tightened outside East London Magistrates Court

In a related article, Briefly News reported that security was tightened outside the court as Malema appeared for his pre-sentencing hearing. Members and supporters of the EFF also gathered outside the court.

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Malema attended his pre-sentencing hearing on 23 January 2026 after he was found guilty. Senior members of the party, including Omphile Maotwe, were present outside the court.

Proofreading by Roxanne Dos Ramos, copy editor at Briefly.co.za.

Source: Briefly News