Malema Sentenced to Five Years, Files Immediate Appeal

By Desmond Nleya

Julius Malema, leader of the Economic Freedom Fighters (EFF), has been sentenced to five years in prison after being found guilty of illegal possession of a firearm and discharging it in public. He has, however, immediately appealed the sentence.

The ruling was delivered at the East London Magistrate’s Court by Twanet Olivier, who stated that while the conviction itself could not be appealed at this stage, the sentence could be challenged. Malema’s legal team promptly filed an appeal and moved to prevent his immediate imprisonment.

Standing in court in a dark suit and red tie, Malema showed little visible reaction as the sentence was read.

The charges stem from a 2018 incident during the EFF’s fifth anniversary celebrations in the Eastern Cape, where Malema was seen in a widely circulated video firing a semi-automatic rifle into the air. He was later convicted on multiple counts, including unlawful possession of a firearm and ammunition, discharging a firearm in a public space, and reckless endangerment.

In his defence, Malema argued that the weapon did not belong to him and that the shots were fired to energise the crowd. However, Magistrate Olivier rejected this explanation, describing the act as deliberate rather than impulsive, and characterising it as a central moment of the event.

The length of the sentence raises the possibility that Malema, 45, could be disqualified from serving as a Member of Parliament if the conviction stands.

A prominent and polarising figure in South African politics, Malema rose to national prominence as the former leader of the African National Congress Youth League before his expulsion from the African National Congress amid tensions with then-president Jacob Zuma. He subsequently founded the EFF, positioning it as a radical left-wing alternative advocating for land expropriation and economic redistribution.

Following his conviction last October, Malema told supporters outside court that imprisonment or death would be “a badge of honour,” vowing not to retreat and to pursue the matter through the courts, including the Constitutional Court.

The case was initiated after Afrikaner lobby group AfriForum filed a complaint when footage of the incident went viral, highlighting its long-standing tensions with Malema and his party.

The appeal process is now expected to determine whether Malema will serve the sentence or remain free pending further legal proceedings.