NAIROBI, Kenya – Economic Freedom Fighters (EFF) leader Julius Malema has been sentenced to five years in prison over a 2018 incident in which he fired a gun into the air during a party rally, after a court ruled that the act was deliberate and pre-planned.
Hundreds of red-clad EFF supporters gathered outside the court during sentencing, while large crowds in cities including Johannesburg followed proceedings via live broadcast.
Magistrate Twanet Olivier found that Malema, 45, had intentionally violated firearm laws, rejecting claims that the shooting was spontaneous or symbolic.
“It wasn’t an impulsive act,” the magistrate said. “It was the event of the evening.”
“The decision to break the law has been made and it was made with the approval of the accused person, and the leadership,” she added.
The court ruled that the conduct amounted to a serious breach of firearm regulations, leading to the five-year jail term.
Malema’s legal team maintained that the shots were fired in celebration and not with criminal intent, and confirmed they would appeal both the conviction and sentence. The state had sought the maximum 15-year sentence.
The ruling has triggered strong reactions from EFF supporters, who maintain the case is politically motivated and aimed at silencing the party’s leadership.
With the sentence, Malema could also face consequences in Parliament, while the EFF has warned of protests should he be imprisoned.
However, Magistrate Olivier stressed that the matter was not political in nature.
“it is not a political party who has been convicted here… it is a person, an individual,” she said.
The case was brought by lobby group AfriForum, which has long clashed with Malema over his use of the liberation-era chant “Kill the Boer,” which it claims is hate speech.
South African courts, however, have previously ruled that the phrase must be viewed in its historical context.
The matter has also drawn international attention in the past, including comments from US President Donald Trump, who once asked President Cyril Ramaphosa: “But why wouldn’t you arrest that man?”
The EFF, which won under 10 percent of the vote in the 2024 elections and holds 39 seats in Parliament, has pledged continued support for its leader.
