EAST LONDON— Economic Freedom Fighters (EFF) leader Julius Malema was sentenced to five years imprisonment this morning after being found guilty of firearm-related charges stemming from a 2018 incident.
The East London Magistrate’s Court handed down the sentence following a hearing that concluded on 16 April. Malema was convicted on charges including unlawful possession of firearms and ammunition, discharge of a firearm in a built-up area, and reckless endangerment of property.
The charges relate to an incident on 28 July 2018 at Mdantsane stadium, where Malema allegedly fired celebratory gunshots during an event attended by more than 200 people.
Hundreds of red-clad supporters of the Economic Freedom Fighters (EFF) party leader gathered outside the court for the sentencing in the politically charged case.
Magistrate Twanet Olivier said Malema had deliberately violated firearm laws by shooting a gun in the air at an EFF celebration in 2018.
Constitutional implications
The conviction carries significant constitutional consequences. 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.
However, Malema’s sentence is subject to an appeal process. Pending finalisation of the appeal, he will be able to continue serving as a member of parliament.
Malema also serves on the Judicial Service Commission (JSC), a body responsible for the appointment of judges.
Sentencing arguments
During Tuesday’s hearing, the state requested the maximum sentence of 15 years imprisonment. Prosecutor Caesar argued that custodial sentencing was inevitable, stating that over 200 people were present near a densely populated residential area when shots were fired.
“The accused acted with malicious intent, with his actions constituting extreme danger to the 20 000 people present, not mentioning the community around the Mdantsane stadium. It was by the grace of God that no one got hurt,” the prosecutor said.
The state placed Malema in the 7-15 year sentencing category, arguing that as a public figure, the court must set an example to potential offenders who discharge weapons in crowded spaces.
The defence argued for a non-custodial sentence, stating that all alleged crimes occurred within one minute and that Malema has no prior convictions. They proposed a sentence incorporating a fine, suspended sentence, restriction from firearm use, and a monetary donation.
ALSO READ: Malema firearm sentencing case set to conclude tomorrow
The defence disputed the number of shots fired, claiming only one bullet was discharged, and questioned whether imprisonment was justifiable for a single bullet.
Political reaction
The VF Plus welcomed the sentence in a statement issued on Wednesday. Party spokesperson on justice Heloïse Denner said the verdict confirms that the rule of law still applies and that no one is above the law.
The party stated that if the final outcome justifies it, they will insist that Malema be removed from parliament in terms of the Constitution to protect the integrity of the National Assembly.
The statement also criticised the conduct of EFF supporters outside the court over the past two days as unacceptable. A large group sang “Kill the boer, kill the farmer” outside the court on Wednesday morning.
Malema remains on bail pending the appeal process.
This is a developing story.
ALSO READ: Malema’s political future at stake as he returns to court in firearm discharge case
