- Opposition leader Julius Malema was sentenced to five years in prison after a court found him guilty of illegally possessing and firing a firearm
- The court ruled that the EFF leader’s actions were planned and endangered public safety, rejecting defense claims that the shooting was celebratory.
- Malema’s legal team decided to appeal against the decision, raising the stakes for the opposition party as it threatens his parliamentary position.
The main opposition leader in South Africa, Julius Malema, has been sentenced to five years in prison.
Source: Facebook
This followed the court finding him guilty of illegally possessing and firing a firearm during a political rally he was facing.
The 45-year-old Economic Freedom Fighters (EFF) leader was sentenced by Judge Twanet Olivier at East London District Court following a high-profile case linked to the 2018 incident.
The court heard that Malema fired a semi-automatic rifle into the air during the party’s five-year anniversary celebrations at a sports ground in the Eastern Cape.
According to the BBC, the decision comes months after Malema was found guilty of five offences, including illegal possession of firearms and ammunition, discharging a firearm in public, and recklessly endangering life.
His sentence marks a turning point for one of South Africa’s most prominent and controversial post-apartheid politicians.
Why was Malema sentenced to prison?
In handing down the sentence, Olivier stressed that the punishment needed to balance the seriousness of the offense and justice for the accused and society.
“The sentence handed down should fit the offender as well as the crime. It must be fair to society and combined with a measure of mercy depending on the circumstances of each case,” Olivier said as reported by eNCA.
The court dismissed the defense’s arguments that the shooting was purely ceremonial, concluding instead that the act was carefully planned.
According to the judge, the incident was not sudden but part of the incident itself, noting that preparing for such a moment required prior planning as to how and when the weapon would be used.
“It wasn’t a sudden act. It wasn’t anger. It was an evening event. It should take a lot of planning for an event of that magnitude as to how, when, and exactly when you’re going to take that weapon and where you’re going to fire it from. To think otherwise is nonsense,” the judge said.
He explained that the accused opposition leader was fully aware that his actions were illegal but he continued regardless.
“This decision has been made and it was made with the consent of the defendant and the leadership. The defendant knew it would cause harm to people or property and still continued to own the gun and fired the shot in celebration. This decision was made a long time before the actual event. Such actions cannot be forgiven by this court in any way and further justify the criminal activity that it was a celebration,” he added.
The court further found that Malema’s actions were a clear risk to public safety, saying that although the gun was released in a short time, the consequences remained serious.
Will Malema appeal his sentence?
Under the summary judgment, Malema was sentenced to five years in prison for illegal possession of weapons and a further two years for possession of ammunition.
He was also fined R20,000 (about KSh 140,000) for displaying a weapon in public, while similar fines are imposed for failure to take proper precautions and for recklessly endangering his life.
Each fine carries an alternative sentence of six months in prison if unpaid.
However, sentences for possession-related offenses are expected to run concurrently, leaving five years in prison as the maximum penalty.
Malema did not show much reaction as the sentence was read out in a packed courtroom with hundreds of EFF supporters wearing the party’s red clothes gathered in solidarity outside the court.
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His legal team moved quickly to challenge the decision, requesting leave to appeal within minutes of the verdict.
If the sentence is upheld after the appeal process, Malema could lose his seat in parliament, dealing a major blow to the EFF, South Africa’s fourth largest party in the National Assembly.
The case dates back to 2018 when a video went viral online showing Malema firing multiple shots from a gun during a rally.
Prosecutors claimed that the act violated weapons regulations and endangered public safety, with Malema insisting that the weapon did not belong to him and that the shots were intended to energize the crowd.
The prosecution followed a complaint filed by AfriForum, a lobby group that has had a long and often contentious relationship with Malema and his party.
Why did Malema criticize Ruto?
Elsewhere, Malema criticized the President’s government William Rutoaccusing it of repression during the June 25 protests.
In a strongly worded statement, his Economic Freedom Fighters condemned allegations of police brutality, censorship of the media, and the reduction of civil rights.
Citing data from Kenya’s National Human Rights Commission, Malema cited deaths and hundreds of injuries, urging solidarity with Kenya’s youth demanding accountability and reform.
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