April 16, (THEWILL) — South African opposition leader and Economic Freedom Fighters (EFF) commander, Julius Malema, has been sentenced to five years’ imprisonment after being found guilty of illegal possession of a firearm and the public discharge of a weapon during a political rally.
Twanet Olivier, Presiding Magistrate at the East London Court, handed down the sentence on Thursday following Malema’s conviction on multiple firearm-related charges tied to a 2018 incident during the EFF’s fifth anniversary celebrations in the Eastern Cape, where he was captured on video firing a semi-automatic rifle into the air before a large crowd of supporters.
The court held that the act was unlawful and deliberate, rejecting the defence argument that the discharge of the weapon was symbolic political theatre intended to energise supporters.
Malema appeared composed as the judgement was delivered, showing little reaction while the magistrate read out the sentencing terms in open court.
The case is rooted in widely circulated video evidence from the 2018 rally, which formed the central basis of the prosecution’s case. Authorities argued that the action amounted to reckless endangerment of lives in a public space, alongside unlawful possession and discharge of a firearm.
He was previously convicted in October on five counts, including unlawful possession of a firearm, unlawful possession of ammunition, reckless endangerment, and discharging a firearm in a public place.
During proceedings, Malema denied ownership of the firearm and insisted the act was not intended to cause harm, but the court dismissed his explanation in its entirety.
In delivering the ruling, Magistrate Olivier stated: “It wasn’t… an impulsive act. It was the event of the evening,” stressing that the conduct formed part of a deliberate action carried out in a crowded public setting.
The court imposed a five-year custodial sentence on the principal charge, two years imprisonment on another count, and a R20,000 fine or six months imprisonment in default on a separate offence. The sentences will run concurrently, the court ruling emphasised.
Following the ruling, Malema’s legal team immediately filed an application for leave to appeal, triggering a legal process that could suspend enforcement of the sentence pending review by higher courts.
The conviction carries significant political implications in South Africa, including potential questions over Malema’s continued eligibility to serve in parliament should the ruling be upheld on appeal.
Malema has previously framed his legal battles as part of a broader political struggle, telling supporters after earlier court appearances that “going to prison or death is a badge of honour”, while reaffirming his commitment to his political movement.
He has vowed to exhaust all legal avenues available, setting the stage for a prolonged appellate battle that may ultimately reach South Africa’s Constitutional Court.
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