Malema Sentenced, But Walks Free Pending Appeal
South African opposition leader Julius Malema has been sentenced to five years in prison for illegal firearm-related offences, but he will remain free as he challenges both the conviction and sentence.
Julius Malema, leader of the Economic Freedom Fighters (EFF), has been sentenced to five years’ imprisonment after being found guilty of illegally possessing and discharging a firearm in public.
The sentence was handed down by Magistrate Twanet Olivier in KuGompo City, formerly known as East London. However, Malema will not go to prison immediately, as the court granted him leave to appeal both the conviction and the sentence.
According to Reuters, the charges stem from a 2018 incident in which Malema was seen on video firing a semi-automatic rifle into the air during the EFF’s fifth anniversary celebrations in the Eastern Cape. The court found him guilty on multiple counts, including unlawful possession of a firearm and reckless endangerment. In delivering the sentence, Olivier stated that the act was not spontaneous but formed part of the planned activities of the event, as reported by AFP. She emphasised that Malema’s public profile meant he should have acted responsibly given his influence over supporters.
Malema, who appeared composed in court, later addressed supporters gathered outside, where he questioned the fairness of the ruling and alleged political motives behind the case without presenting evidence. His supporters, dressed in EFF regalia, sang and chanted in solidarity as news spread that he would remain free during the appeal process.
The outspoken politician has built a strong following through his radical stance on land reform and economic redistribution. After being expelled from the African National Congress during the presidency of Jacob Zuma, he went on to form the EFF, which has since grown into one of South Africa’s major opposition parties.
According to SowetanLIVE, Malema previously told the court that the firearm used in the incident did not belong to him and that he fired shots to energise the crowd. Despite this defence, the court ruled that his actions endangered public safety. This is not Malema’s only legal challenge. In a separate matter last year, he was found guilty of hate speech by the Equality Court over remarks made at a political rally in 2022. The court ruled that his statements had the potential to incite harm, a finding the EFF has disputed.
Malema has indicated that he will take the current case to higher courts, including the Constitutional Court, if necessary, signalling that the legal battle is far from over.