South African opposition figure Julius Malema has been sentenced to five years in prison after being found guilty of illegal possession of a firearm and discharging it in public, in a ruling that has intensified political debate in the country.
However, Magistrate Twanet Olivier granted the leader of the Economic Freedom Fighters (EFF) permission to appeal both the conviction and sentence, meaning Malema will not be immediately taken into custody.
The ruling was delivered at the East London Magistrate’s Court, where Malema appeared in a dark suit and red tie, showing little emotion as the sentence was read. Outside the courthouse, supporters gathered in large numbers, singing and chanting in solidarity with the EFF leader.
The case stems from a 2018 incident during the party’s fifth anniversary celebrations in South Africa’s Eastern Cape, when a video circulated online showing Malema firing several shots into the air with a semi-automatic rifle.
He was later convicted on multiple charges, including unlawful possession of a firearm, discharging a weapon in public, and reckless endangerment.
In his defence, Malema insisted the weapon did not belong to him and said he fired the shots to energise the crowd. The court, however, rejected the explanation during sentencing proceedings.
Delivering her ruling, Magistrate Olivier said: “it wasn’t… an impulsive act. It was the event of the evening,” adding that while Malema’s political profile was significant, it did not influence the court’s decision. She noted that his public standing meant he should be more accountable for his conduct.
Following the ruling, supporters outside the court reacted with chants and revolutionary songs. As news emerged that he had been granted leave to appeal, some in the crowd shouted the Xhosa phrase “sigoduka naye”, meaning “we are leaving with him today.”
Malema, once a youth leader of the governing African National Congress before his expulsion after a fallout with former President Jacob Zuma, later founded the EFF. The party has since built a strong base around its calls for radical economic transformation, including land redistribution policies.
His political influence has grown over the years, with the EFF becoming the fourth-largest party in South Africa’s 2024 elections.
After his conviction last year, Malema addressed supporters outside court, declaring: “going to prison or death is a badge of honour”. He added, “We cannot be scared of prison [or] to die for the revolution. Whatever they want to do, they must know we will never retreat.”
The prosecution was initiated after Afrikaner lobby group AfriForum filed a complaint following the viral circulation of the 2018 video. The group has also been involved in other legal actions against the politician.
In a separate case last August, Malema was convicted by the equality court of hate speech over remarks made at a rally in 2022. The court found that his comments “demonstrated an intent to incite harm”, though the EFF argued they were taken out of context.
Malema has vowed to challenge his latest conviction at South Africa’s Constitutional Court, setting the stage for a prolonged legal battle that could shape both his political future and that of the EFF.
