Economic Freedom Fighters (EFF) leader Julius Malema has lost his eligibility to serve as a Member of Parliament following his sentencing to an effective five years’ imprisonment in a firearm-related case.
Malema was sentenced to five years direct imprisonment for unlawful possession of a firearm, two years for unlawful possession of ammunition, and additional six-month terms or R20,000 fines on counts three, four and five. The court ruled that the sentences on the lesser counts will run concurrently with the five-year term, meaning he will effectively serve five years.
The case stems from a 2018 incident during the EFF’s fifth anniversary celebrations in Mdantsane, Eastern Cape, where Malema discharged a firearm in a built-up area. He was found guilty in October last year on five counts relating to contraventions of the Firearms Control Act.
Following the sentencing, legal experts have indicated that Malema no longer meets the constitutional requirements to remain in Parliament. According to legal analyst Mpumelelo Zikalala, a Member of Parliament cannot continue serving if sentenced to more than 12 months’ imprisonment without the option of a fine.
“Political position has no bearing on sentencing,” Zikalala said, noting that courts primarily consider whether an individual can maintain a livelihood and support dependants, rather than their public office.
He added that it is rare for courts to consider political status when determining sentencing outcomes, warning that a ruling perceived as lenient for elected officials could undermine the rule of law.
Zikalala further noted that Malema’s legal battle is driven in part by the threshold for disqualification from Parliament, stating that any sentence exceeding 12 months without a fine option effectively disqualifies him from office.
Malema had previously argued that the case was politically motivated, an assertion Magistrate Twanet Olivier dismissed during sentencing.
In addition to the sentencing, Malema’s legal team has requested an extension of bail while preparing an appeal. Legal expert Ulrich Roux said there is a possibility Malema could remain free pending appeal, given his consistent court attendance over seven years and lack of flight risk.
“Given his profile and history of compliance with court proceedings, it is unlikely he would be considered a flight risk,” Roux said.
However, if his appeal fails, Malema will be required to begin serving his sentence immediately, a development that could bring an end to his parliamentary tenure.