Reaction has poured in following the sentencing of Economic Freedom Fighters (EFF) leader Julius Malema, who was handed five years’ direct imprisonment on Thursday, 16 April 2025, for discharging a rifle during a 2018 rally in Mdantsane in the Eastern Cape.
The sentence follows Malema’s conviction in September last year under the Firearms Control Act.
He was found guilty on five charges, including discharging a firearm in a built-up or public area without sufficient cause, as well as the unlawful possession of a firearm and unlawful possession of ammunition.
Judgment was delivered in a packed courtroom at the KuGompo Regional Court, where Magistrate Twanet Olivier said the court had taken time to carefully consider the defence’s submissions while weighing the seriousness of the offences against Malema’s position as a first-time offender with no pending cases.
The National Prosecuting Authority (NPA) welcomed the outcome, describing the sentence as an important deterrent in a country where firearm-related offences remain widespread.
Eastern Cape NPA spokesperson Luxolo Tyali confirmed that the state was satisfied with the five-year prison term imposed on the Member of Parliament and EFF leader.
“Even though the state called for the maximum sentence of 15 years imprisonment, the NPA believes that the sentence will have the desired effect of deterrence against would-be offenders in firearm-related offences, which are prevalent in the country,” said Tyali.
He said Malema had received five years for unlawful possession of a firearm, two years for unlawful possession of ammunition, a fine of R20 000 for discharging a firearm in a built-up area, and a further R20 000 for failing to take reasonable precautions to protect persons or property and for reckless endangerment. The additional penalties will run concurrently with the five-year prison term. The court also declared Malema unfit to possess a firearm.
Tyali said the matter underscored the NPA’s commitment to applying the law without regard to status or political standing.
“The conviction and sentencing of the parliamentarian for the 2018 offences, committed during the EFF’s rally in Mdantsane, is a reaffirmation of the NPA’s commitment to upholding the rule of law and proper administration of justice, without fear, favour or prejudice, regardless of social status and standing.”
Eastern Cape Director of Public Prosecutions Barry Madolo similarly said the sentence reinforced the principle that all people stand equal before the law.
Despite the ruling, Malema will not immediately begin serving the sentence. His legal team has applied for leave to appeal both the conviction and the sentence. According to Tyali, the court denied leave to appeal the sentence, but granted leave to appeal, with Malema remaining out on warning pending the finalisation of that process.
The EFF, meanwhile, responded, accusing the state of pursuing the matter in a politicised environment and portraying Malema as the target of selective prosecution.
“The EFF reiterates that this case has always been pursued in a highly politicised environment, with clear intentions to criminalise a revolutionary political voice, that represents the aspirations of the oppressed and marginalised,” the party said.
The party argued that the sentence was disproportionate to the circumstances of the case and inconsistent with how other serious crimes are prosecuted.
“The National Prosecuting Authority (NPA), in its pursuit of this matter, demonstrated an extraordinary and deeply suspicious appetite for imprisonment. This is the same prosecuting authority that routinely fails to secure convictions in cases of violent crime, including murder, rape, and armed robbery, where victims suffer irreversible harm. Yet, in a case where no one was injured, the NPA mobilised its full capacity to ensure that President Malema is incarcerated.”
The party further maintained that no one had been injured and that no actual danger had materialised beyond what it described as speculation.
AfriForum, by contrast, welcomed the sentence and said it represented a significant moment for accountability and public confidence in the justice system.
“AfriForum views the sentence as an important step in restoring public confidence in the criminal justice system. However, Malema’s application to appeal the sentence and to be granted bail was granted,” the organisation said.
AfriForum said its continued pressure following the 2018 incident had been central to ensuring that the matter was pursued in court.
Jacques Broodryk, AfriForum’s Chief Spokesperson for Community Safety, said the discharge of a firearm in a public setting posed an unacceptable risk.
“The reckless discharge of a firearm in a busy public space posed a real and unacceptable risk to human life. It is heartening to see that this type of behaviour is not normalised or justified under any circumstances. When the law is applied consistently and without fear or favouritism, public confidence in the legal system is strengthened. AfriForum will continue to uphold the rule of law and ensure equal accountability for all.”
Furthermore, AfriForum CEO Kallie Kriel said the outcome sent an important message, even though it had taken years for the matter to reach this point.
“It was essential that the court send a clear message that no one is above the law. Although it took eight years for justice to prevail, today’s outcome shows that perseverance matters.”
The matter has once again placed the spotlight on the intersection between politics, public conduct and the criminal justice system. While the NPA and AfriForum have framed the sentence as an affirmation of legal accountability, the EFF insists the prosecution reflects broader political motives.
Nevertheless, what are your thoughts on this? Let us know below.
Be sure to read:
