EFF leader Julius Malema was sentenced to five years' direct imprisonment in the KuGompo Magistrates’ Court for unlawfully possessing a firearm during the EFF’s 2018 birthday celebrations in Mdantsane, Eastern Cape. Additional sentences on related charges will run concurrently. The court granted leave to appeal the sentence but denied it for the conviction, allowing Malema to remain free pending the appeal.
Julius Malema fired several shots into the air with an assault rifle handed to him by his bodyguard Adriaan Snyman during the Economic Freedom Fighters’ (EFF) fifth birthday event at Sisa Dukashe Stadium in Mdantsane on April 28, 2018. AfriForum laid the charges. Snyman was acquitted.
Magistrate Twanet Olivier imposed five years’ imprisonment for unlawful possession of a firearm without a licence, two years for ammunition possession, and six months or a R20,000 fine each for unlawful discharge in a built-up area, failure to take precautions, and reckless endangerment. 'Discharging a firearm in a public area and calling it a celebratory shot was still a crime, no matter the reason,' Olivier said.
Reactions divided sharply. AfriForum’s Jacques Broodryk hailed the sentence as a 'win for every normal South African,' stressing politicians are not above the law. Firearms expert Martin Hood called the conviction politically motivated and disproportionate, citing Section 22 of the Firearms Control Act allowing use under supervision. Malema accused Olivier of racism and possible AfriForum ties, saying, 'That is not the law, that was racism speaking.'
Malema’s advocate Laurance Hodes plans to petition for leave to appeal the conviction within three weeks. EFF deputy secretary Leigh-Ann Mathys expressed confidence in a higher court. Al Jama-ah supported his appeal right, while Eastern Cape Premier Oscar Mabuyane plans to sue Malema over separate remarks on his degree. NPA spokesperson Luxolo Tyali welcomed the deterrence effect.
