Malema receives five-year sentence for firearm discharge at 2018 rally

EFF leader can remain in parliament pending appeal, legal experts say, as civil society and traditional leaders debate implications.

Economic Freedom Fighters leader Julius Malema was sentenced to five years' imprisonment on Thursday by the KuGompo City Magistrates' Court for unlawfully discharging a firearm at a rally in Mdantsane, Eastern Cape, in 2018.¹²³ The 45-year-old was convicted of five offences, including unlawful possession of a firearm, discharging it in public, and reckless endangerment.³ Malema is expected to appeal both the conviction and the sentence.¹

Constitutional law experts say Malema can continue serving as a Member of Parliament while his legal options remain open. Dr Tanveer Jeewa of Stellenbosch University said Malema is not disqualified from parliament until a sentence is confirmed by the final court hearing an appeal.² "Even if we are looking at potentially 2030 or even 2032, while the appealing is running, Julius Malema is not disqualified from being an MP," Jeewa said.² Legal expert Elton Hart noted that appeal courts typically avoid interfering with sentences from trial courts, which are seen to have a better grasp of case facts.²

The Congress of Traditional Leaders (Contralesa) questioned the fairness of the sentence, with President Kgoshi Mathupa Mokoena stating that many people have fired shots in the air at funerals and events without arrest.¹ "It is a pity that the political career and future of this brilliant young man were almost thrown into the dustbin," Mokoena said.¹

Gun Free South Africa offered a contrasting view. Executive Director Dr Stanley Maphosa said the outcome reinforces the rule of law and demonstrates that firearm use is strictly regulated.¹ "One incident can create multiple offences because firearms introduce immediate and widespread risks," Maphosa said.¹ He added that the five sentences arising from a single incident show firearms should not be used in celebrations.¹

Malema leads the EFF, which campaigns for nationalisation of white-owned land to address colonialism and apartheid legacies.³