The leader of the Economic Freedom Fighters, Julius Malema, has avoided immediate imprisonment and will retain his parliamentary seat after the East London Magistrate’s Court granted him leave to appeal his sentence.
Malema was sentenced to an effective five-year term of imprisonment after being convicted on multiple charges. These include unlawful possession of a firearm, for which he received five years, and unlawful possession of ammunition, which attracted an additional two years.
He was also given a fine of R20 000 or six months’ imprisonment for discharging a firearm in a built-up area, as well as charges relating to failure to take reasonable precautions and reckless endangerment. The additional sentences will run concurrently with the five-year term.
Shortly after sentencing, Malema lodged an appeal, and the granting of leave to appeal effectively suspends the sentence. This means he cannot yet be regarded as having been finally sentenced under South African law.
Legally, this is significant for his position in Parliament. In terms of the Constitution, a Member of Parliament loses their seat if convicted and sentenced to more than 12 months’ imprisonment without the option of a fine—once all appeals have been exhausted. As Malema’s appeal is pending, he remains a Member of Parliament.
Addressing supporters outside court following proceedings that began on Wednesday, April 15, Malema expressed relief that the matter had reached this stage.
“I am done with her,” he said, referring to Magistrate Twanet Olivier, who presided over the case.
Malema criticised the judgment and indicated his intention to take the matter to a higher court.
“I am going to the highest court where they don’t use emotions but the law,” he said, maintaining that the sentence was excessive.
He further reassured supporters that party activities would continue uninterrupted, stating: “The EFF campaigns will continue, and it’s business as usual.”
The charges stem from a July 2018 incident during the EFF’s eighth anniversary celebrations at the Sisa Dukashe Stadium, where Malema discharged a rifle in a built-up area.
The case was brought before the courts following charges laid by AfriForum
