Julius Malema sentenced to five years in prison

Julius Malema gets five-year jail term for firing rifle at rally, EFF leader seeks leave to appeal after conviction over 2018 celebration, South African politics tests whether legal consequences reach national figures

A South African magistrate has sentenced Julius Malema, leader of the Economic Freedom Fighters, to five years in prison for firing a rifle into the air at a political rally in 2018, a case that Malema’s lawyers immediately moved to appeal.

According to The Guardian, Malema was convicted last year of unlawful possession of a firearm and discharging a weapon in a public place after an incident at the EFF’s fifth anniversary event in what is now officially called KuGompo City, formerly East London. The magistrate, Twanet Oliver, rejected the idea that the shooting was a spontaneous flourish, saying it was “the event of the evening”.

The sentence matters because South Africa’s rules on parliamentary eligibility turn criminal penalties into political leverage. Any prison term longer than 12 months would bar Malema from serving as a member of parliament, but only once appeals are exhausted—creating a runway where legal process, rather than voters, can decide whether a party leader keeps his seat.

Prosecutors argued for a 15-year term, telling the court that Malema’s status makes his conduct imitable, especially among young supporters. Outside the courthouse, EFF supporters gathered in party colours while officials described the prosecution as politically motivated and aimed at silencing a prominent opposition figure.

The origins of the case complicate that claim. The complaint was brought by AfriForum, a conservative lobby group that has repeatedly litigated against Malema, including over his use of the chant “Kill the Boer”. South Africa’s constitutional court ruled in 2025 that the chant—an anti-apartheid song—did not amount to hate speech and was not intended literally, a decision that left AfriForum with fewer rhetorical weapons but did not end its use of the courts.

Malema, 45, founded the EFF in 2013 after being expelled from the African National Congress youth league for “sowing division”. The EFF has built a brand around disruptive parliamentary tactics and a radical economic agenda; it won 9.5% of the vote in the 2024 national election, down from 10.8% in 2019, according to the report.

Whether Malema serves time now depends on appellate procedure, not sentencing rhetoric. The immediate next step is the magistrate’s decision on whether to grant leave to appeal.

Dozens of supporters watched the proceedings outside the magistrates’ court in KuGompo City. Malema left court facing a five-year term that does not take effect until the paperwork is finished.