By Patience Gondo
JULIUS Malema, leader of the Economic Freedom Fighters (EFF)has been sentenced to five years’ direct imprisonment for unlawful handling and discharge of a firearm.
The sentence was handed down in the East London Regional Court after Malema appeared for a second day in a closely watched sentencing hearing.
Presiding magistrate Twanet Olivier said the court had carefully considered submissions from the defence before reaching its decision.
She said while Malema is a first-time offender with no previous convictions, the seriousness of the offence weighed heavily in determining the sentence.
In her ruling, Olivier said punishment must balance the nature of the crime, the interests of society and fairness to the accused.
She rejected the defence’s argument that the firearm was discharged as part of a celebration, describing the explanation as misleading.
The court found that the incident was not spontaneous but had been planned in advance during the party’s anniversary celebrations. Olivier said the accused was aware that his actions were unlawful and could potentially cause harm, yet proceeded regardless.
She further said the act could not be justified on the basis that it occurred during a celebratory event, adding that even a brief discharge of a firearm carries serious consequences.
The case stems from an incident at an EFF birthday rally where Malema was seen handling and firing what appeared to be a rifle. The matter drew widespread public attention and sparked debate in South Africa over political accountability and firearm laws.
The conviction and sentence mark a significant moment for Malema and his party, which has remained a prominent force in South African politics since its formation in 2013.