Julius Malema Found Guilty: A Question of Law or Selective Justice?

 Julius Malema Found Guilty: A Question of Law or Selective Justice?

Noko Maleka|insight jozi news 

The East London Magistrate Court yesterday delivered a striking verdict against EFF leader Julius Malema, finding him guilty on all charges related to firing a firearm into the sky at a political rally in 2018.

But this judgment raises serious questions: Is shooting a firearm into the air inherently criminal in South Africa, or is it a matter of selective enforcement?

We have all witnessed occasions, especially at funerals of military personnel, police officers, or prominent figures, where ceremonial gun salutes are performed. This involves discharging firearms into the sky as a mark of respect. Similarly, in rural areas and even urban townships, people fire warning shots into the air to disperse crowds or protect their families. Are all these acts to be considered unlawful too, or does the law apply differently depending on who pulls the trigger?

The case against Malema seems to hinge not merely on the action itself, but on who performed it, and where. If the law is clear that no firearm should be discharged outside of designated environments, then surely countless other cases of gun salutes, warning shots, and community rituals should have attracted the same legal wrath. Why then does the state appear to be applying a harsher standard to a political figure than to other social or cultural practices?

One could argue that Malema’s act, though reckless, mirrors practices that are normalized in our society. In that case, is the law outdated and in need of reform, or is it being wielded selectively as a political weapon?

South Africa is a constitutional democracy where the principle of equality before the law is sacred. Yet this verdict leaves many wondering whether “equality” is truly the benchmark, or whether our justice system bends to the winds of political expediency.

The judgment may be legally sound in the strictest sense of firearm regulations, but it also exposes a deeper inconsistency: What is celebrated in one context is condemned in another. If Malema’s conviction sets a precedent, then consistency demands that the same standard be applied across the board — from soldiers at funerals to police officers firing warning shots. Otherwise, we risk sliding into a system where justice is not blind, but rather sharply focused on silencing particular voices.

The question remains: Is Malema guilty of breaking the law, or guilty of being Malema?

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