Malema’s lawyers are seeking leave to appeal the conviction and/or sentence.
If leave to appeal is granted, the sentence is usually suspended pending the appeal, meaning he will remain at home while the appeal process runs its course which can realistically take many months to over a year depending on court schedules.
If leave to appeal is refused, the sentence may take effect immediately, meaning he would begin serving the sentence while continuing to petition a higher court (such as the Supreme Court of Appeal or Constitutional Court) for permission to appeal.
Even if initial leave is refused, the legal team can still pursue:
• A petition to the Supreme Court of Appeal
• A direct approach to the Constitutional Court (if constitutional issues arise)
• Applications relating to bail pending further appeal processes
So refusal of leave to appeal does not automatically end the legal fight, but it does significantly change the immediate consequences.
