Julius Malema sentenced to five years for illegal firearm discharge

EFF leader convicted over 2018 incident at Eastern Cape rally; legal experts say he can remain MP during appeals.

Economic Freedom Fighters leader Julius Malema was sentenced to five years in prison on Thursday after being found guilty of illegal possession of a firearm and discharging it in public¹². Magistrate Twanet Olivier delivered the ruling at the East London Regional Court in KuGompo City, Eastern Cape¹.

The charges stem from an incident at the Siza Dukashe Stadium in Mdantsane during the EFF's fifth anniversary celebrations in 2018, when Malema fired several shots into the air using a semi-automatic rifle¹⁴. He was convicted last year on five charges, including unlawful possession of a firearm, discharging a weapon in a public place, and reckless endangerment¹⁴.

Malema's lawyer said he would appeal the decision¹. Constitutional law scholar Dr Tanveer Jeewa from Stellenbosch University said Malema can continue serving as a Member of Parliament until his sentence is confirmed by the final court hearing his appeal³. You can still be a Member of Parliament until that imprisonment, that sentence is confirmed by the last court that you have appealed it to, Jeewa said³. Legal expert Elton Hart noted that appeal courts typically avoid interfering with sentences from trial courts³.

The Congress of Traditional Leaders questioned the fairness of the sentence. President Kgoshi Mathupa Mokoena said many people have fired shots at funerals and other events without arrest². It is a pity that the political career and future of this brilliant young man were almost thrown into the dustbin, Mokoena said².

Gun Free South Africa welcomed the ruling. Executive Director Dr Stanley Maphosa said the sentence reinforces that firearm use in South Africa is strictly regulated². One incident can create multiple offences because firearms introduce immediate and widespread risks, he said².

The EFF is the fourth-largest party in parliament¹. Malema, 45, advocates nationalisation of white-owned land and is known as a fierce critic of Western imperialism⁴.