WATCH | Roads closed, buses roll in as Malema returns to EL court

East London roads have been cordoned off, with hundreds of EFF supporters from across the country shuttled to the city on 80 buses on Thursday, ahead of Julius Malema’s sentencing proceedings in the city’s regional court.

Malema has been found guilty of charges related to the public discharge of a firearm.

Residents reported counting dozens of buses carrying supporters by early afternoon.

The Daily Dispatch witnessed 20 buses offloading EFF members at about 5pm and others parked around Quigney’s Orient Beach.

Provincial EFF secretary Simthembile Madikizela said the party had extended invitations to 500 people from all over the country to attend the case.

The party has dubbed the case a “witch hunt”.

The sentence will determine Malema’s future as well as that of the party itself.

Malema is due back in court on Friday for presentence proceedings after he was convicted of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a public place and reckless endangerment.

This related to his firing a firearm during the party’s fifth birthday celebration in Mdantsane in 2018.

Residents across the city took to social media on Thursday, shocked at the number of EFF supporters and buses parked in the area.

At the time of publication, Buffalo Street in front of the court was cordoned off and a stage, where Malema is expected to make an address after his court appearance, was being set up.

Half of Commissioner Street was also closed, and traffic officers were cordoning off part of the roundabout near the Baby Lee Jegels Recreational Centre.

Scores of supporters were still disembarking from buses. More EFF members were expected to arrive in East London overnight.

A night vigil was expected to start at 8pm at the Orient Theatre.

Quigney Ratepayers’ representative Satish Nair said the situation was out of control.

“They [EFF members] are blocking the streets and making loud noises — it is pure chaos.

“They are in their hundreds already and there are still more members coming in about 80-odd buses.

“I’ve received so many calls from people who said they would find other places to sleep.

“People are just relieving themselves in the street and not taking care of anything,” Nair said.

“We are scared this will get out of hand. We called law enforcement and the traffic department but they are just driving around.”

Madikizela said they had engaged the security cluster to ensure the gatherings, which included the night vigil, ran smoothly.

“It’s going to be a peaceful gathering,” Madikizela said.

Should Malema be sentenced to more than a year’s imprisonment without the option of a fine, he would be removed as an MP.

Section 47 of the constitution bars individuals sentenced to prison for longer than 12 months without the option of a fine from serving in parliament.

Council for the Advancement of the SA Constitution executive secretary Lawson Naidoo said Malema was playing the “victim card”.

“He went through a proper trial after which he was found guilty.

“One of the factors the court will take into account in determining the appropriate sentence would be the extent to which the offender has shown any remorse.

“Given Mr Malema’s constant politicisation of the case and maiming the authority of the court and the magistrate, these factors are unlikely to sit well with the court.

“Malema must accept the fact that in SA we operate under the rule of law.

“The constitution is quite clear — if you are sentenced to a term of imprisonment of more than 12 months without the option of a fine, you are no longer eligible to serve as a member of the National Assembly, and Malema would then lose his seat as an MP.”

Shortly after his conviction in October, Malema said he would appeal against both the conviction and the sentence as far as the Constitutional Court.

Naidoo said this would mean it would be some time before the case was finalised.

“The court has made a finding … and he must face the consequences of his actions now.

“The courts don’t operate based on outside influence. They look at the facts of the case, which is what the [magistrate] did.

“Malema has been seeking to politicise this case, but the reality is that he was in unlawful possession of a firearm which was discharged at a public gathering, endangering those around him.”

University of Johannesburg Prof Mcebisi Ndletyana said it was possible Malema would spend some time in jail, which would take him out of the party leadership.

Malema had been using his court appearances to rally support for the EFF.

“That’s the only way he can detract attention from the veracity of the case, from what the [magistrate] was able to discover.

“Now the idea is to detract from that and try to make some political capital out of the outcome, but that is also consistent with his public image — the idea that the white establishment is still in charge, that whites are still racist and all that.

“We know that the EFF has relied quite a lot on courts to challenge, on many things, how parliament used to do things.

“If they think our courts are illegitimate, then they wouldn’t use them the way they have been doing over the years.

“With repeated appeals, those court appearances will be turned into a rally. It’s a trick from Zuma’s playbook.

“If it’s a custodial sentence … that raises all sorts of questions over the future of the party without him.”

Malema has been receiving an outpouring of support on social media platforms.

Posters plastered with his face, reading Hands off CIC, have been hung on street poles across East London.

Popular musician Betusile Mcinga is among those who have arrived in the city to support Malema.

“Following the case, I feel like the case is trying to prove a point on him alone when the other one, [the bodyguard] who was a co-accused, was let off.

“I feel that sends a message that justice is only for other people. I feel the case is not a case exercising the full might of justice.”

Madikizela said: “Our stance has always been the same, that the case is frivolous, a witch hunt.

“We will go up to the Constitutional Court, on to the streets and the international court.”

BCM spokesperson Bongani Fuzile said: “The metro’s safety and security cluster will assist the process in terms of flow of traffic in and around the East London court.”

Legal expert Zincedile Tiya said: “Remember, Julius is a politician and sees things with a political eye …

“She [the magistrate] must not be intimidated by public figures, politicians and the public view. Presiding officers must be impartial and independent.”