Julius Malema Found Guilty: EFF Leader Faces Potential Parliamentary Removal
Julius Malema, leader of the Economic Freedom Fighters (EFF), has been found guilty of contravening the Firearms Control Act, stemming from an incident at a 2018 rally. The verdict, delivered by the East London magistrate’s court, raises questions about his future as a Member of Parliament (MP) and could significantly impact the EFF.
The Firearm Incident and Conviction
The case revolves around a video that surfaced showing Malema discharging what appeared to be an assault rifle during the EFF's fifth-anniversary celebration at the Sisa Dukashe Stadium in Mdantsane, Eastern Cape, in 2018. He claimed the firearm was a “toy gun” loaded with blanks, a claim the court rejected. Magistrate Twanet Olivier found him guilty on charges including unlawful possession of a firearm and ammunition, discharging a firearm in a public place, and reckless endangerment of people or property.
- The incident occurred at the EFF’s fifth-anniversary rally.
- Malema claimed the gun was a “toy gun”.
- Adriaan Snyman, Malema's bodyguard, was acquitted.
Potential Consequences for Malema's Parliamentary Seat
The conviction carries significant implications for Malema's political career. According to the South African Constitution, an MP is disqualified if sentenced to more than 12 months in prison without the option of a fine. If Malema receives such a sentence, he could lose his parliamentary seat for five years after completing the sentence, pending the exhaustion of all appeals.
Legal Perspectives and Sentencing Considerations
Legal experts like Shadi Maganoe from Wits University’s school of law, have highlighted the seriousness of the offense. While the Firearms Control Act allows for a jail sentence of up to 15 years, courts have discretion to consider factors like first-time offense, risk to the public, and evidence of remorse. Attorney Tyrone Maseko told Daily Maverick that generally, a first-time offender on a gun charge, in which there was no attempt on anybody’s life, was unlikely to receive a sentence of direct imprisonment. It is more likely that there will be a suspended sentence for five years with the alternative of a fine.
| Factor | Description |
|---|---|
| Maximum Sentence | Up to 15 years under the Firearms Control Act. |
| Discretionary Factors | First-time offense, public risk, evidence of remorse. |
| Constitutional Impact | A sentence exceeding 12 months without a fine disqualifies Malema from Parliament. |
Malema's Response and Planned Appeal
Malema has vehemently denounced the judgment, claiming it is politically motivated and "racist." He has vowed to appeal the decision, potentially taking it to the Constitutional Court. He accused Magistrate Olivier of racism "to appease AfriForum, to appease the Oval Office of [US President] Donald Trump, to appease all the white supremacists of SA who want to undermine the dignity and strength of black people". He has instructed EFF members not to be discouraged by the guilty verdict. Sentencing is scheduled for January 23, 2026.
Context and Controversy
The case has sparked considerable debate, particularly given Malema's controversial public persona. His past remarks, including the singing of "Kill the Boer (farmer)," an apartheid-era resistance song, have drawn criticism and accusations of inciting racial tensions. AfriForum, an Afrikaner lobby group, has been actively involved in pursuing legal action against Malema. The sentencing phase will be closely watched, as it will significantly impact both Malema's political future and the trajectory of the EFF.
Luxolo Tyali, Eastern Cape National Prosecuting Authority (NPA) spokesperson, said that the NPA welcomed the judgment, even though the other accused in the matter, Malema’s former bodyguard Adriaan Snyman, who handed the EFF leader the firearm, was exonerated.
