The cost to overturn his five-year sentence will escalate sharply going forward, but Julius Malema says it is all worth it.
“As we move forward, we are going to reinforce that legal team,” Malema said outside the KuGompo (East London) Magistrate’s Court on Thursday as he praised his rock star legal counsels, adding that Adv Tembeka Ngcukaitobi SC will continue in the tag team with Adv Laurence Hodes SC.
“We need to strengthen our team and confront the system, and you need lawyers who are not scared of the system,” Malema said.
That kind of high-level legal mobilisation would come at a price. While fee structures are rarely disclosed, advocates of Ngcukaitobi and Hodes’s calibre command some of the highest rates at the bar.
Industry estimates place top-tier advocates at about R3 000 to R8 000 or more per hour, with daily court rates for “off-the-scale” senior counsel ranging between R45 000 and R60 000.
Costs climb further through preparation, consultations and coordination across jurisdictions. Initial consultations with experienced criminal lawyers range from about R1 800 to R5 000, while senior attorneys at major firms often start at R5 000 or more per hour.
In addition, extraordinary logistics were put in place. A helicopter was arranged to fly lawyers from East London to the Makhanda High Court at short notice if Magistrate Twanet Olivier refused leave to appeal, allowing an urgent petition to be filed before the close of court.
“We had placed EFF deputy president Godrich Gardee in Makhanda and even had a helicopter on standby.”
In Makhanda, Hymie Zilwa of Zilwa Attorneys acted as correspondent attorney to ensure the court was primed for urgent proceedings.
“The court manager and chief registrar were on standby for an urgent bail appeal application pending the petitioning of the High Court for leave to appeal,” Gardee said, adding that correspondent attorneys “receive, file and serve papers prepared by the principal instructing
attorney and senior counsel”.
Zilwa’s inclusion is notable. In a recent judgment, he successfully challenged his own arrest after being detained for allegedly driving at 188km/h in a 120km/h zone.
The court found that speeding is not a Schedule 1 offence and does not justify arrest without a warrant, declaring his detention unlawful and unconstitutional.
The contours of that case mirror, in part, the argument advanced by Malema and his supporters, who have framed his prosecution as malicious and driven by improper motives.
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- Julius Malema is committed to overturning his five-year sentence, emphasizing the need to strengthen his high-caliber legal team despite escalating costs.
- Top advocates like Adv Tembeka Ngcukaitobi SC and Adv Laurence Hodes SC command very high hourly and daily rates, with legal fees potentially reaching tens of thousands of rands.
- Extensive logistical arrangements were made, including a standby helicopter for urgent court appearances between East London and Makhanda High Court.
- EFF deputy president Godrich Gardee and attorney Hymie Zilwa coordinated urgent legal preparations to ensure timely court filings and proceedings.
- Malema’s legal strategy parallels a recent successful challenge by Zilwa against unlawful arrest, highlighting concerns about improper motives behind Malema’s prosecution.
