EAST LONDON — The five-year prison sentence handed down to Economic Freedom Fighters (EFF) leader Julius Malema has sparked mixed reactions from political parties and legal experts, with questions now mounting over his future in parliament and on the Judicial Service Commission.

The KuGompo Regional Court today sentenced Malema to five years’ direct imprisonment for unlawful possession of a firearm, two years for unlawful possession of ammunition, R20 000 for discharge of a firearm in a built-up area, and R20 000 for failure to take reasonable precautions and reckless endangerment. The court ordered the sentences to run concurrently with the five-year term and declared Malema unfit to possess a firearm.

NPA welcomes sentence

The National Prosecuting Authority (NPA) welcomed the sentence, saying it will have the desired deterrent effect against would-be offenders in firearm-related offences.

“Even though the state called for the maximum sentence of 15 years imprisonment, the NPA believes that the sentence will have the desired effect of deterrence against would-be offenders in firearm-related offences, which are prevalent in the country,” said Eastern Cape Director of Public Prosecutions Barry Madolo.

The NPA said the conviction and sentencing of the parliamentarian for the 2018 offences, committed during the EFF’s rally in Mdantsane, is a reaffirmation of its commitment to upholding the rule of law and proper administration of justice without fear, favour or prejudice, regardless of social status and standing.

Madolo said the sentence underscores the principle of equality before the law.

VF Plus demands parliamentary removal

The VF Plus welcomed the sentence, saying it confirms that the rule of law still applies and that no one is above the law.

Party spokesperson on justice Heloïse Denner said Malema also serves as a member of the Judicial Service Commission (JSC), a body that plays a key role in the appointment of judges.

“His conduct places his suitability for this responsibility seriously under suspicion and indicates a lack of respect for the law and democratic institutions,” Denner said.

The party criticised the conduct of EFF supporters outside the court over the past two days as unacceptable and raising concerns about the party’s ability to conduct responsible and mature politics. A large group sang “Kill the boer, kill the farmer” outside the court on Wednesday morning.

The VF Plus said it will monitor the case closely and if the final outcome justifies it, will insist that Malema be removed from parliament in terms of the Constitution to protect the integrity of the National Assembly.

Constitutional implications

Article 47(1)(e) of the South African Constitution stipulates that a person may not serve as a member of parliament if sentenced to 12 months or longer imprisonment without the option of a fine, regardless of whether the sentence is suspended. The disqualification ends five years after the sentence is completed.

However, Malema’s sentence is subject to an appeal process. The court denied the defence leave to appeal the conviction but granted leave to appeal the sentence. Malema remains out on warning pending the finalisation of the appeal.

Pending finalisation of the appeal, Malema will be able to continue serving as a member of parliament and on the JSC.

Legal analyst Ulrich Roux said in January that the court would weigh aggravating and mitigating factors including the accused’s personal circumstances, the severity of the offences, and the message the sentence sends to society. He warned that showing remorse was key and that refusing responsibility or claiming political persecution could lead to a sentence over 12 months, costing Malema his parliamentary seat.

Calls for JSC resignation

Legal experts Judith February and Chris Oxtoby have argued that Malema should step down from the JSC, saying his conviction raises serious questions about his suitability to serve on the body responsible for selecting judges.

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They said that beyond the technical disqualification, the conviction, together with a hate speech finding and a prior parliamentary ethics finding, along with his post-conviction remarks attacking the magistrate and the judiciary, undermine public confidence in the JSC and pose a conflict of interest for someone involved in selecting judges.

The experts recommended that if Malema does not step down, parliament should replace its designee, as it has the constitutional power to do so, rather than wait for protracted appeals.

Malema defiant

In January, ahead of sentencing, Malema said he would not be intimidated by the legal system.

“I will never retreat from my ideas, no matter the threats,” he said.

He rejected claims that the EFF is racist and accused unnamed forces of trying to undermine South Africa’s freedom and Constitution.

The case has been politically sensitive ahead of elections, with Malema framing the proceedings as touching on broader issues of constitutional rights, freedom, and the marginalisation of black South Africans.

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What happens next

If Malema’s appeal against the sentence is unsuccessful and the conviction stands, he would be disqualified from parliament and would lose his seat on the JSC.

This would force an immediate change in the EFF’s parliamentary leadership and caucus representation, likely triggering a reshuffle of the party’s parliamentary leadership and the elevation of deputies or other senior members to lead roles.

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The severity of the sentence and whether Malema shows remorse will influence both the legal outcome and political fallout. A harsher sentence would deepen disruption to the party’s parliamentary operations, while a successful appeal would preserve continuity.

The party is expected to pursue all available legal avenues and mobilise supporters, which could affect parliamentary debate, discipline and the EFF’s ability to project stability.

The charges stemmed from an incident at Mdantsane stadium on 28 July 2018, where Malema allegedly fired celebratory gunshots during an event attended by more than 200 people.

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