This is after the country’s East London Regional Court sitting in KuGompo granted him leave to appeal his sentence but refused leave to appeal his conviction.

Malema’s sentence follows his conviction for unlawful possession of a firearm. While his legal team has secured permission to challenge the length and nature of the sentence in a higher court, the conviction itself will stand unless overturned through other legal avenues.

Addressing the media after court proceedings, Malema’s Lawyer Ian Levitt said the defence believes another court is likely to reach a different conclusion on sentencing, particularly given what he described as the unusual nature of the case. “In respect of sentence, the magistrate has already ruled that there’s a reasonable prospect that another court can come to a different conclusion, and obviously we are pretty certain and confident that it will,” Levitt said.

He argued that the matter should not be treated in the same way as cases involving violent crimes committed with firearms.

“You would have seen in court that there is no direct precedent of this, and we think that the magistrate took, with respect, a mature view,” Levitt added. “A higher court can come to a different conclusion and maybe can define what should be done in cases of this nature, which is very different to the cases of murder and robbery on convictions with firearms and ammunition.”

The EFF has previously framed the case as politically charged and has indicated it will pursue all available legal routes.

–SABC/ChannelAfrica–