Julius Malema sentenced to 5 years for assault rifle possession, released pending appeal

JOHANNESBURG — South African opposition politician Julius Malema has been sentenced to five years in prison for the unlawful possession of an assault rifle and firing it into the air during a rally in 2018. The sentence was handed down by Magistrate Twanet Olivier in KuGumpo, formerly East London, with Malema granted leave to appeal and released pending the outcome of that process.

Malema, leader of the radical left-wing Economic Freedom Fighters (EFF), was convicted in October after a case brought by the conservative lobby group AfriForum. The court dismissed his bid to appeal the conviction, ruling that he had violated the country’s firearms laws. His defence argued the shots were celebratory in nature, but this was rejected by the court.

The case has drawn significant political attention, with hundreds of Malema’s supporters gathering outside the courthouse wearing the EFF’s signature red berets and singing campaign songs. After his release, Malema accused the magistrate of racism and alleged that her judgment was influenced by an “invisible hand,” though he provided no evidence for the claim.

The EFF, which secured less than 10 per cent of the vote and holds 39 parliamentary seats in the 2024 general election, has framed the prosecution as an attempt to silence Malema, known for his fiery rhetoric and criticism of government policies. The party’s supporters have threatened protests if he is jailed.

AfriForum, which has long been at odds with Malema, previously challenged him over his use of the anti-apartheid chant “Kill the Boer,” a term referring to white Afrikaners. The group argues the chant constitutes hate speech and incites violence, but South African courts have rejected these claims.

Under South Africa’s constitution, a prison sentence of 12 months or more, if upheld after all appeals, would disqualify Malema from serving as a member of parliament. The magistrate emphasised that the conviction was against an individual, not the political party.

The appeal hearing date has yet to be set, and the case continues to polarise public opinion in a country already grappling with deep political divisions.

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