Malema Sentenced to Five Years for Firearm Offense

Julius Malema, leader of South Africa’s Economic Freedom Fighters (EFF), was sentenced to five years in prison for illegal possession and discharge of a firearm during the party's fifth anniversary celebrations in KuGompo City, then known as East London, in 2018. Magistrate Twanet Olivier handed down the sentence on Thursday, stating that Malema’s actions were not impulsive but a planned event of the evening.

The five-year sentence was imposed for unlawful possession of a firearm and two years for unlawful possession of ammunition. Additional fines were given for three other offences, including discharging a firearm in a built-up area, with prison time if Malema fails to pay these fines. These sentences will run concurrently.

Malema was convicted on five counts: unlawful possession of a firearm and ammunition; discharging a firearm in a built-up area or public place; reckless endangerment to person or property; and failure to take reasonable precautions to avoid danger. The state had sought a maximum sentence of 15 years.

Malema's legal team immediately appealed against the decision, with leave to appeal granted within minutes of the sentencing. Malema’s defence argued that the gun was a toy and the shots were intended to be celebratory. The court heard that if confirmed after all appeals, Thursday’s five-year sentence would bar Malema from serving as a lawmaker, which would be a major setback for the EFF.

Outside the court, hundreds of Malema's red-clad EFF supporters gathered for the sentencing in what was described as a politically charged case. The EFF claims the case is an attempt to silence its outspoken leader. Party supporters have threatened protests should their leader be jailed. The magistrate stressed that it 'is not a political party who has been convicted here...it is a person, an individual.'

The sentencing triggered riots in Johannesburg CBD, with shops closing due to the chaos. EFF Gauteng Region members chanted while watching their leader's court proceedings on a big screen. The court closed its gates due to safety concerns as shops in Small Street closed and EFF members marched through with golf clubs, sjamboks, and wooden planks.

The ongoing firearm case against Malema could disrupt the EFF’s preparations for this year's local government elections. The party admitted that the case has already caused disruptions in their election plans.