 leader Julius Malema was sentenced to five years’ imprisonment by Magistrate Twanet Olivier at the East London Magistrate’s Court on Thursday.){kind=link}
By Charmaine Ndlela
Economic Freedom Fighters (EFF) leader Julius Malema was sentenced to five years’ imprisonment by Magistrate Twanet Olivier at the East London Magistrate’s Court on Thursday.
The sentencing stems from an incident during the EFF’s fifth anniversary celebrations in Mdantsane in 2018, where Malema was filmed firing a rifle into the air before a crowd.
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Malema was convicted in 2025 on multiple charges, including unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions, and reckless endangerment.
In handing down the sentence, Olivier said the court had carefully weighed both mitigating and aggravating factors presented by the defence and the State.
“The potential for mass injury or harm was real, foreseeable and scientifically established,” the magistrate said, noting that a semi-automatic rifle had been discharged in a densely populated residential area.
The court rejected the defence’s argument that no harm was caused and that the act was brief and not directly carried out by Malema alone. While acknowledging that public figures are often judged more harshly, Olivier stressed that leadership carries greater responsibility.
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“All are equal before the law, but in your instance, it cannot be said that you are not accountable due to the position you find yourself in,” she said.
The State argued for a custodial sentence, describing the act as deliberate and planned. It told the court the incident was intended to entertain supporters and was “calculated and designed” rather than a lapse in judgment.
The magistrate agreed that Malema’s role as a political leader and Member of Parliament was an aggravating factor, saying his conduct risked undermining public confidence in the justice system.
“This decision has been made and it was made with the approval of the accused person and the leadership. The accused knew it would cause harm to persons or property and yet proceeded to possess the rifle and to fire the shot in celebration. This decision was made long before the actual event. Such acts cannot be condoned by this court in any instance and further justify the commission of crime that it was a celebration,” she said.
On sentencing, the court ordered:
Five years’ imprisonment on count one
Two years’ imprisonment on count two
A fine of R20,000 or six months’ imprisonment for each of counts three, four and five.
The court ruled that sentences for counts two to five will run concurrently with the five-year sentence.
Malema was also declared unfit to possess a firearm in terms of the Firearms Control Act, meaning he must surrender any firearms and licences in his possession. He may only reapply for competency after five years.
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Malema’s legal team has said it will appeal the sentence.
This is a developing story.