South African opposition leader Julius Malema was sentenced to five years in prison on Thursday after a court found he deliberately violated firearm laws by discharging a semi-automatic rifle at a political rally eight years ago, in a ruling that carries sweeping implications for his political future.
Magistrate Twanet Olivier delivered the judgment at the East London Regional Court in KuGompo City, Eastern Cape, sentencing Malema to five years for unlawful possession of a firearm, two years for unlawful possession of ammunition, and ordering fines for the remaining three charges, with all sentences running concurrently.
The conviction relates to a viral video from July 2018, which showed Malema firing what appeared to be a rifle during the Economic Freedom Fighters (EFF) fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane. He was found guilty on five counts in October last year, including unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, and reckless endangerment.
Magistrate Olivier rejected defence arguments that the shooting was unplanned. She ruled that the incident was premeditated, noting that the plan included specific details about timing and location, and that the shooting was the defining feature of the evening rather than a spontaneous act.
Malema, who pleaded not guilty throughout the proceedings, argued that the gun was a toy. His legal team had pushed for a non-custodial sentence, submitting a pre-sentencing report compiled by a private social worker.
The sentence of more than 12 months without the option of a fine will disqualify Malema from serving as a lawmaker in parliament if he fails to have the judgment overturned, under South African law.
However, Olivier granted leave to appeal against the five-year sentence, stating that another court could reach a different conclusion, and Malema will remain out on a warning until the appeal process is concluded. The 45-year-old EFF leader, who heads the fourth-biggest party in South Africa’s parliament, was also declared unfit to possess a firearm.
A defiant Malema criticised the magistrate following the ruling, saying the charges were politically motivated and were brought by AfriForum, a lobby group for the white Afrikaner minority, after the video of the incident went viral online. Hundreds of EFF supporters dressed in the party’s signature red attire gathered outside the court during sentencing.
The case was heard over 31 days spread across more than seven years, with the trial beginning in March 2022 and an earlier attempt by the defence to have the charges withdrawn dismissed in October 2023.
