The Economic Freedom Fighters (EFF) leader, Julius Malema, has been sentenced to five years in prison for discharging an assault rifle at a political rally eight years ago.
Magistrate Twanet Olivier handed down the sentence on Thursday at the East London Regional Court, describing Malema’s actions as a deliberate and flagrant violation of South Africa’s firearm laws.
The case stems from an incident in 2018 when Malema, then 37, fired an AK-47 assault rifle into the air during the EFF’s fifth-anniversary celebrations in Sisa Dukashe Stadium, Mdantsane. The act was captured on video and widely circulated, leading to years of legal proceedings.
Delivering judgment, Magistrate Olivier stated that Malema had shown no genuine remorse and had used his position as a public figure to undermine the rule of law.
“You deliberately fired a weapon in a public space. The message must be sent that no one, regardless of their status, is above the law,” Olivier ruled.
Hundreds of supporters gather outside court
As news of the sentence spread, hundreds of red-clad EFF supporters gathered outside the courthouse, singing struggle songs and chanting Malema’s name. Riot police were deployed to maintain order, though the gathering remained largely peaceful.
Malema, known for his fiery rhetoric and anti-establishment stance, addressed the crowd briefly before being led away, vowing to appeal the sentence.
“This judgment will not silence the voice of the poor. The fight continues,” he said.
Legal team announces appeal
Malema’s legal counsel immediately confirmed plans to appeal both the conviction and the sentence, arguing that the five-year term was excessive and that the prosecution had failed to prove malicious intent.
However, Magistrate Olivier dismissed pre-sentencing pleas for a fine or suspended sentence, noting that Malema had previously been convicted on similar firearms-related charges and had not shown behavioural reform.
The EFF has described the judgment as politically motivated, accusing the judiciary of targeting opposition leaders ahead of future elections.
“This is not justice. This is the establishment trying to decapitate the revolutionary movement,” an EFF spokesperson said.
Reactions from political quarters
The African National Congress (ANC) and Democratic Alliance (DA) have maintained cautious stances, with the ANC calling for “respect for the judicial process” while declining to celebrate Malema’s imprisonment.
Legal analysts suggest that should the appeal fail, Malema could face immediate disbarment from Parliament under South Africa’s Constitution, which prohibits convicted individuals sentenced to more than 12 months from holding public office.
As of press time, Malema remained in police custody pending his appeal application.
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