Economic Freedom Fighters (EFF) leader Julius Malema has been sentenced to five years’ direct imprisonment by the East London Magistrates’ Court for discharging a firearm during a political rally in 2018.
The sentence was handed down on Thursday by Magistrate Twanet Olivier at the Regional Court in East London, following Malema’s conviction last October on multiple firearm-related charges. The court found him guilty of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a public place, failure to take reasonable precautions, and reckless endangerment.
Delivering judgment, Olivier said on count one, Malema would serve five years’ imprisonment. On count two, he was sentenced to two years, while on count three, he was given the option of paying a R20,000 fine or serving six months in prison. The court did not immediately clarify whether the sentences would run concurrently.
The charges stem from an incident on July 28, 2018, during the EFF’s fifth anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in the Eastern Cape. Video footage presented in court showed Malema firing multiple shots from what was identified as a semi-automatic rifle while on stage before thousands of supporters.
The court rejected Malema’s earlier claim that the firearm was a toy, finding that live ammunition had been discharged in a crowded public setting. Prosecutors argued that his conduct posed a serious risk to public safety and warranted a severe sentence.
The state welcomed the outcome, describing the five-year direct imprisonment as a fair and appropriate sentence given the seriousness of the offence. Prosecutors maintained that the judgment sends a strong message about accountability and the dangers of handling firearms recklessly in public spaces.
The state had initially sought a sentence of up to 15 years’ direct imprisonment, describing the incident as reckless and dangerous. However, the court ultimately imposed a lesser term of five years.
Malema’s conviction and sentence could have significant political consequences. Under South Africa’s Constitution, a sentence of more than 12 months’ imprisonment without the option of a fine may disqualify a Member of Parliament from holding office for five years, unless the conviction or sentence is overturned on appeal.
Outside court, supporters of the Economic Freedom Fighters gathered in large numbers, chanting and singing in solidarity with their leader. Senior party officials described the prosecution as politically motivated and aimed at silencing dissenting voices.
Malema’s co-accused, former bodyguard Adrian Snyman, was acquitted of all charges. He is now pursuing a legal route to sue the state.
The EFF leader’s legal team has already indicated its intention to challenge both the conviction and the sentence. Advocate Laurance Hodes confirmed that an application for leave to appeal is being filed, with the matter expected to be taken to higher courts.
Malema has previously said that any imprisonment would be worn as a “badge of honour” in what he describes as the broader struggle for economic freedom and land reform in South Africa.
The case has drawn widespread national attention, raising questions about accountability for political leaders and the application of the rule of law. It unfolds at a time of heightened political tensions, with the EFF remaining a prominent opposition party advocating for radical economic transformation policies.
Court proceedings were adjourned and are expected to resume at 1 pm, as further legal processes, including the anticipated appeal application, get underway.
This is a developing story.
