Delivering judgement, Magistrate Twanet Olivier confirmed Malema will serve five years on Count 1, while Count 2 carries a two-year sentence. In addition, the court imposed fines of R20,000 each for Counts 3, 4, and 5.

Malema was previously found guilty on several charges linked to the unlawful possession and discharge of a firearm during a 2018 rally.

Malema intended to appeal the ruling, maintaining his long-standing position that the conviction is unjust. On Wednesday (15/4), Malema told supporters outside the East London Magistrates’ Court efforts to imprison him were part of a broader attempt by “capital” to silence radical voices in South Africa.

His vision of economic freedom would not be silenced, even if he were to be jailed. “When we grew up, persecution has always been part of our lives, capital wants to use us to silence the dejected masses of our people, we know what is at play, we are not in doubt that capital has a central role in trying to silence the radical voice in SA,” he said.

Scores of supporters from the Economic Freedom Fighters gathered in large numbers, turning the streets of East London red ahead of his sentencing.

Adv. Laurance Hodes, representing the defence, told the court all five charges arose from a single incident lasting less than two minutes. “To impose a custodial sentence for a single, brief incident of this nature would be disproportionate and inappropriate," he said.

‘When we grew up, persecution has always been part of our lives’

Hodes outlined Malema’s personal circumstances, noting he is now 45, was 37 at the time of the incident, has no previous convictions, and has “led a blameless life”. There have been no similar incidents since 2018.

Malema received the rifle from someone likely linked to security services, Hodes said, describing it as a licensed weapon. The firearm was handed to Malema by Adriaan Snyman, who borrowed it for the event. Malema held it for less than a minute while firing before returning it immediately, with no intention of using it beyond that moment.

Hodes cited comparable cases where individuals discharged firearms in public but did not receive prison sentences. In one instance, a man fired a Glock pistol under a table in a restaurant filled with about 220 people, causing damage but no injuries, and received a three-year suspended sentence. In another case, two intoxicated police officers fired shots in a public area and were handed partially suspended sentences with fines.

The state had been inconsistent, he argued, describing Malema as “an ordinary person” who should be treated equally before the law, while simultaneously relying on his political status to push for a harsher sentence.

However, state advocate Joel Cesar argued the firearm used was an assault rifle, not a handgun, and it discharged more powerful ammunition with the potential for fatal consequences.

He referred to video footage of the incident as a “silent witness”, adding Malema placed more than 20,000 people at risk during the rally in Mdantsane, one of the most densely populated areas in the country.

‘Malema placed more than 20,000 people at risk during the rally in one of the 
most densely populated areas in the country’

Cesar said the footage showed people running, with several individuals in the line of fire, and stressed that Malema fired more than one shot. He argued that Malema, as a public representative, had set a dangerous example.

Advocate Tembeka Ngcukaitobi delivered the defence’s rebuttal, again arguing for a non-custodial sentence. He claimed AfriForum was behind the prosecution, but Olivier intervened, stating he was going off track. Ngcukaitobi responded that he was addressing points raised by the state.

Malema is expected to pursue an appeal against both his conviction and sentence.

OFM News/ Kekeletso Mosebetsi sm

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