Julius Malema, aged 45, has received a five-year prison sentence after being convicted of unlawfully possessing a firearm and discharging it in a public space in South Africa.
However, Magistrate Twanet Olivier permitted the leader of the Economic Freedom Fighters (EFF) and sitting MP to appeal both the conviction and sentencing, meaning he will not be immediately taken into custody.
Appearing in the East London courtroom in a dark suit and red tie, Malema remained largely composed and showed little emotion as the judgment was read, despite the potential impact on his political career.
He was previously found guilty last year on five charges, including illegal possession of a firearm, firing it in public, and reckless endangerment.
The case relates to a 2018 incident captured on video in which Malema was seen using a semi-automatic rifle and firing several shots into the air during celebrations for his party’s fifth anniversary in the Eastern Cape.
In his defence, he told the court that the weapon did not belong to him and claimed he fired it to energise supporters, according to reporting by SowetanLIVE at the time.
During sentencing, Magistrate Olivier stated that the act was not impulsive, describing it as “the event of the evening,” and emphasised that Malema’s political influence meant he should be accountable for his conduct, even though his position did not affect the legal findings.
Malema is widely known in South African politics as a fiery, charismatic, and radical left-wing leader with a strong and loyal support base.
Outside the courthouse, hundreds of supporters gathered, chanting and singing revolutionary songs in solidarity with him.
When news broke that he would be allowed to appeal, supporters shouted in Xhosa “sigoduka naye,” meaning “we are leaving with him today.”
Julius Malema previously led the youth wing of the ruling African National Congress before being expelled following a dispute with former President Jacob Zuma, after which he formed the EFF.
Through his advocacy for land expropriation without compensation and wealth redistribution to the Black majority, the EFF has steadily eroded the ANC’s electoral dominance, becoming the country’s fourth-largest party in the 2024 elections.
Following his conviction last October, Malema told supporters outside the East London court that “going to prison or death is a badge of honour.”
He also declared, “We cannot fear prison or death for the revolution. Whatever they choose to do, we will never retreat,” reiterating his defiant stance.
He further confirmed plans to escalate the case to Constitutional Court of South Africa in an attempt to overturn the ruling.
The prosecution originated after Afrikaner advocacy group AfriForum lodged a complaint following the viral spread of the video, amid its ongoing adversarial relationship with Malema and the EFF.
AfriForum was also involved in another legal matter that resulted in a separate conviction against him.
In August of the previous year, Malema was convicted of hate speech by the equality court over comments made at a 2022 rally.
Those remarks followed an incident in which a white man allegedly assaulted an EFF member. Malema responded by saying: “No white man is going to beat me up… you must never be afraid to kill. A revolution demands that at some point there must be killing.”
The equality court found that the statements indicated an intention to incite harm, although the EFF insisted the comments were misinterpreted and taken out of context.