EFF leader Julius Malema was on Wednesday sentenced to five years’ direct imprisonment after a court found him guilty in his firearm discharge case.
Twanet Olivier, the KuGompo City (formerly East London) Magistrate’s Court’s presiding officer, delivered the sentence on Thursday morning.
“After careful consideration, and I can assure you I have done so, free of any interference, this judgement is the sentence of this court and this court alone,” Olivier said.
“In respect of count one, you are sentenced to a period of five years’ imprisonment. In respect of count two, you are sentenced to a period of two years’ imprisonment.
“In respect of count three, you are sentenced to R20 000 or to undergo six months’ imprisonment. In respect of count four, you are sentenced to R20 000 or to undergo six months’ imprisonment.
“In respect of count five, you are sentenced to pay a fine of R20 000 or to undergo six months’ imprisonment.”
Malema’s legal team immediately applied for leave to appeal.
Handing down the sentence, Olivier made it clear that the court would not treat the matter lightly.
“In terms of section 280… the court orders that the sentence imposed in respect of counts 2, 3, 4 and 5 run concurrent with the sentence imposed in respect of count one,” Olivier ruled.
The effect of the order is that Malema will serve five years in prison.
The sentencing follows his conviction for discharging a firearm in public — a case that has drawn sustained political and legal scrutiny since it first emerged.
By imposing direct imprisonment, the court signalled that the offence crossed a threshold that could not be addressed through a fine or suspended sentence.
The ruling places one of the country’s most prominent political figures in direct conflict with the criminal justice system, with immediate implications for both his personal freedom and the leadership of the EFF.
The charges stem from the EFF’s birthday celebrations at Sisa Dukashe Stadium in Mdantsane in 2018, where video footage showed Malema firing a rifle into the air.
Heads of argument for the pre-sentencing proceedings were heard and concluded on Wednesday.
EFF supporters who gathered outside the court rejected the outcome.
The magistrate did not deviate from the custodial sentence, closing the proceedings with a brief directive: “You may be seated. Thank you.”
Walter Sisulu University EFF SRC president Mvelo Abenta said the party would defend its leader.
“We are not shocked by the sentencing outcome. We know that AfriForum is the one orchestrating this case. If it means that we have to put our bodies on the line, we are not afraid to do that. We cannot be silent,” Abenta said.
The case was opened by lobby group AfriForum after the 2018 incident.
AfriForum has previously called for a sentence that “sends a clear message” that the conduct was unacceptable.
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EFF leader Julius Malema was on Wednesday sentenced to five years’ direct imprisonment after a court found him guilty in his firearm discharge case.
Twanet Olivier, the KuGompo City (formerly East
"After careful consideration, and I can assure you I have done so, free of any interference, this judgement is the sentence of this court and this court alone," Olivier said.
"In respect of count one, you are sentenced to a period of five years' imprisonment. In respect of count two, you are sentenced to a period of two years' imprisonment.
"In respect of count three, you are sentenced to R20 000 or to undergo six months' imprisonment. In respect of count four, you are sentenced to R20 000 or to undergo six months' imprisonment.
"In respect of count five, you are sentenced to pay a fine of R20 000 or to undergo six months' imprisonment."
Malema’s legal team immediately applied for leave to appeal.
“In terms of section 280… the court orders that the sentence imposed in respect of counts 2, 3, 4 and 5 run concurrent with the sentence imposed in respect of count one,” Olivier ruled.
By imposing direct imprisonment, the court signalled that the offence crossed a threshold that could not be addressed through a fine or suspended sentence.
Heads of argument for the pre-sentencing proceedings were heard and concluded on Wednesday.
EFF supporters who gathered outside the court rejected the outcome.
Walter Sisulu University EFF SRC president Mvelo Abenta said the party would defend its leader.
“We are not shocked by the sentencing outcome. We know that AfriForum is the one orchestrating this case. If it means that we have to put our bodies on the line, we are not afraid to do that. We cannot be silent,” Abenta said.
AfriForum has previously called for a sentence that “sends a clear message” that the conduct was unacceptable.
