EFF leader Julius Malema sentenced to 5 years in Mdantsane firearm case
EFF leader Julius Malema has been sentenced to five years’ direct imprisonment for offences arising from the unlawful discharge of a firearm during the party’s fifth-anniversary rally at Sisa Dukashe Stadium in Mdantsane in 2018.
Magistrate Twanet Olivier handed down sentence after convicting Malema in October last year on four counts related to the incident, which took place almost eight years ago.
Malema was found guilty of:
- Unlawful possession of a firearm
- Unlawful possession of ammunition
- Discharging a firearm in a built-up area
- Failing to take reasonable precautions to protect a person or property
- Reckless endangerment to a person or property
The case stems from widely circulated footage of Malema firing several shots into the air on stage during the EFF’s anniversary celebrations. The court found that, regardless of any political context, his actions met the threshold for serious firearm offences.
During sentencing proceedings, Malema’s defence team argued that he had fired the shots purely for “celebratory” reasons and that there was no intention to cause harm. They further contended that he had been in possession of the firearm and ammunition for roughly one minute before returning it to its owner, and that no injuries or damage were reported as a result of the incident.
The court, however, accepted the State’s contention that the conduct posed a real risk to those present and undermined the regulatory framework governing firearms. Olivier held that Malema’s position as a high-profile political leader aggravated the offence, given the potential influence of his actions on supporters and the public.
Magistrate Twanet Olivier convicted Malema in October last year, about eight years after he unlawfully discharged a firearm at the EFF’s fifth-anniversary rally at the Sisa Dukashe Stadium in Mdantsane.
His co-accused and former bodyguard, Adriaan Snyman, who was alleged to have supplied the firearm, was partially acquitted. While he faced several charges alongside Malema, the court cleared him of failing to take reasonable precautions to avoid danger and of providing a firearm to a person not permitted to possess it.
Malema’s co-accused and former bodyguard, Adriaan Snyman, with whom he was initially charged, was acquitted of two charges: failure to take reasonable precautions to avoid danger to persons or property, and providing a firearm to a person not allowed to possess it.
The five-year sentence raises significant political and legal implications for Malema, particularly in light of constitutional provisions that disqualify Members of Parliament sentenced to more than 12 months’ imprisonment without the option of a fine. Any appeal lodged by his legal team will likely delay the enforcement of such disqualification until the higher courts have ruled.
Malema is expected to challenge both conviction and sentence, arguing that the court failed to properly weigh the absence of harm, his limited, brief possession of the firearm and the context of the event. The State, for its part, has framed the outcome as an affirmation that no individual, regardless of status, is above firearm laws.
The sentencing adds a new layer to the EFF’s political landscape, with the party now preparing for a potential scenario in which its commander-in-chief may have to conduct his political battles while fighting for his freedom in the appeal courts.
