EFF leader Julius Malema was sentenced to five years of direct imprisonment on Thursday in a case that has hung over him for eight years. Magistrate Twanet Olivier also imposed a R60,000 fine for violating the Firearms Control Act.
Why it matters: If upheld, the sentence strips Malema of his National Assembly seat and bars him from public office for five years. For the EFF, already polling below its 2024 result, the loss of its founder from parliament could be an existential crisis.
The sentence
Malema was convicted on five counts related to firing a semi-automatic rifle at a 2018 EFF birthday rally in Mdantsane, Eastern Cape. The state had sought 15 years. The defence argued for a fine, citing his status as a first-time offender.
Olivier rejected the defence argument, ruling that the gravity of discharging a firearm in a crowd warranted direct imprisonment.
Immediate appeal
Within minutes of the ruling, Malema’s legal team applied for leave to appeal both the conviction and the sentence. The magistrate granted the application. Malema walked out of court free on a warning.
The appeal process could take months. Until it concludes, Malema retains his parliamentary seat and his position as EFF president.
Reaction in Johannesburg
Crowds of EFF supporters gathered at the Johannesburg High Court to watch proceedings on screens. According to BusinessDay, shops in the Johannesburg CBD closed their doors as the mood shifted when the sentence was read. EWN reported that police said no incidents of violence were formally recorded during the nationwide EFF protest.
What happens next
The appeal will be heard in the High Court. If it fails, Malema can escalate to the Supreme Court of Appeal and ultimately the Constitutional Court. He has previously said he will exhaust all legal avenues.