NPA, DA warn against undermining judiciary after Malema's five-year sentence

The National Prosecuting Authority (NPA) and the Democratic Alliance (DA) have condemned threats and remarks directed at Magistrate Twanet Olivier and State prosecutors, warning that these undermine the judiciary for political wins.

The East London Magistrate's Court on Thursday sentenced Economic Freedom Fighters (EFF) leader Julius Malema to five years imprisonment for discharging a firearm in public.

Following the judgment Malema and his party launched a series of verbal attacks against presiding officers, with Malema labelling Oliver a "racist of note and incompetent", alleging that the judgment was influenced by an "invisible hand".

Posted on social media platform X, the party also targeted State prosecutor Joel Cesar, stating that he was "arrogant and suffered from short-man syndrome".

"The only thing we need to do is to make sure that this prosecutor, who is arrogant, and suffers from short-man syndrome, is taught a lesson," the EFF's X account posted.

NPA national spokesperson Kaizer Kganyago said any form of intimidation against prosecutors was a direct threat to the rule of law and he highlighted a particular concern for safety in the Eastern Cape, noting that three prosecutors had been killed in the province over the past two years.

"These officials serve the public by representing the State and are constitutionally mandated to execute their duties without fear, favour, or prejudice. Threats against prosecutors, whether perceived as credible or not, must be treated with the utmost seriousness and reported to the relevant law enforcement authorities for investigation," he said.

DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach raised serious concerns over Malema's "flippant labelling" of presiding Magistrate Olivier as a "racist".

Breytenbach argued that unsubstantiated allegations made immediately after an adverse judgment risk eroding public confidence in the judiciary.

"This is not a trivial matter. The strength of our legal system depends fundamentally on the trust that citizens place in its impartiality and integrity," she stated.

She emphasised that judgments must be scrutinised, criticised, and, where warranted, challenged through proper legal channels such as appeals and reviews.

"That is how a healthy constitutional democracy functions. But to resort to inflammatory accusations against judicial officers, particularly on grounds as serious as racism, without any credible substance is reckless and damaging," she cautioned.

Breytenbach stated the country's judiciary had, over decades, demonstrated resilience, independence, and commitment to upholding the Constitution, even during immense political pressure.

"To undermine this institution for short-term political gain is to weaken one of the last safeguards against abuse of power.

"This kind of rhetoric sets a dangerous precedent. If political leaders are permitted to discredit judicial officers whenever rulings do not align with their interests, it risks normalising contempt for the courts. This, in turn, threatens the rule of law itself, opening the door to instability and eroding the very fabric of our democracy," she explained.

She urged leaders to act responsibly and uphold the institutions designed to protect citizens.

She said accountability must be accepted with dignity, and disagreements must be addressed within the framework of the law.

"The rule of law is not negotiable. It is the foundation upon which our democracy stands. Undermining it, through reckless and unfounded attacks on the judiciary, places that foundation at risk, and with it, the rights and freedoms of all South Africans," she said.