South African opposition leader Julius Malema has been released pending appeal after being sentenced to prison for unlawfully firing a rifle at a political rally, in a ruling that could threaten his future in Parliament if upheld.
Malema, leader of the leftist Economic Freedom Fighters, was sentenced on Thursday to five years in prison for unlawful possession and discharge of a firearm, with an additional concurrent two-year sentence for unlawful possession of ammunition. He was also fined on three related counts, including discharging a firearm in a built-up area and reckless endangerment.
The case stems from a 2018 incident at an EFF rally in what is now KuGompo City, formerly East London, where Malema was filmed firing a rifle into the air. The video went viral and later formed a central part of the prosecution’s case. Malema was convicted in October on five counts, while his co-accused and bodyguard, Anton Snyman, was acquitted.
Under South African law, anyone convicted of an offence and sentenced to more than 12 months in prison without the option of a fine can be disqualified from serving in Parliament. That means Malema’s seat and broader political future could be at risk if the conviction and sentence survive the appeals process.
Malema addressed hundreds of EFF supporters gathered outside court, many dressed in the party’s trademark red regalia. He insisted the case was politically motivated and said the charges were driven by Afriforum, an Afrikaner lobby group that has clashed with him repeatedly over his rhetoric and policies.
Delivering sentence, Magistrate Twanet Olivier said the court had considered the seriousness of the offence and rejected suggestions that the gunfire was harmless celebration. She said the verdict and sentence were based solely on Malema’s conduct on the day.
Malema’s legal team has vowed to challenge the ruling, with Reuters reporting that he was released automatically pending appeal and that the matter could yet climb through higher courts, possibly reaching the Constitutional Court.
The ruling is a major blow to the EFF, South Africa’s fourth-largest party, which has built much of its identity around Malema’s confrontational style and radical platform, including land expropriation without compensation and the nationalisation of mines and banks.
