Julius Malema received a five-year prison sentence at the Kugompo City Magistrate’s Court. The sentence followed five charges under the Firearms Control Act. The charges stemmed from a viral 2018 video in Mdantsane.
In the video, Malema discharged a firearm during EFF celebrations. Magistrate Twanet Olivier delivered the final ruling on Thursday.
The court issued the following sentences:
- Unlawful possession of a firearm – 5 years
- Unlawful possession of ammunition – 2 years
- Discharging a firearm in public – R20 000 or 6 months
- Failure to take precautions – R20 000 or 6 months
- Reckless endangerment – R20 000 or 6 months
However, the prison terms will run concurrently. As a result, the effective sentence totals five years.
Why Malema Avoided Immediate Imprisonment
Despite the sentence, Malema did not enter prison immediately. Instead, he addressed supporters outside the court. He described Magistrate Twanet Olivier as “racist” and “incompetent.”
Meanwhile, his legal team acted quickly to prevent incarceration. They secured leave to appeal the sentence, but not the conviction. Consequently, the court released Malema on bail.
EFF Deputy President Godrich Gardee filed the application in the Makhanda High Court. At the same time, another legal team approached the Constitutional Court.
Therefore, the sentence is temporarily suspended. The courts will decide on the appeal at a later date.
Malema told supporters: “We are not small children. We prepare for any eventuality. If she goes this way, we go the other way. Because we know that we are dealing with an invisible hand. We are fighting the devil, and we must fight with everything.”
Legal Strategy and Future Appeals
The EFF prepared a detailed contingency plan before the court appearance. Gardee confirmed this strategy in an interview with the SABC. He emphasized the party’s readiness for any outcome. He said: “He will not sleep for a minute in the cell”.
Furthermore, Malema plans to pursue all legal options. He intends to escalate the case to the Constitutional Court if necessary. Legal experts warn that the appeal process may take years. Meanwhile, Malema remains free on bail during this period.
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