The ruling, delivered on Thursday in KuGompo City (formerly East London), stems from an incident at an Economic Freedom Fighters (EFF) rally where Malema was accused of discharging a rifle into the air during celebrations marking the party’s anniversary. Malema, 45, leads the EFF, currently the fourth-largest party in South Africa’s parliament.
Magistrate Twanet Olivier said the court found that Malema’s actions were deliberate and in clear violation of firearm laws.
“It wasn’t… an impulsive act. It was the event of the evening,” Olivier said during sentencing, rejecting arguments that the shots were purely celebratory.
Malema was convicted in October of multiple offences, including unlawful possession of a firearm and ammunition, discharging a weapon in a public space, and reckless endangerment. Prosecutors said video evidence showed him firing a semi-automatic rifle into the air during the rally.
He pleaded not guilty throughout the proceedings, insisting the firearm did not belong to him and that the shots were fired to energise supporters.
Following the sentencing, Malema’s legal team said they would immediately appeal the decision. His lawyers are expected to challenge both the conviction and the prison term in higher courts.
The politically charged case drew large crowds outside the courthouse, where hundreds of EFF supporters dressed in red gathered in solidarity. Party officials have warned of possible protests should the sentence be enforced.
Analysts say the ruling could have significant political consequences, including potentially disqualifying Malema from serving as a member of parliament, depending on the outcome of his appeal.
During sentencing, the magistrate stressed that the ruling was directed at Malema as an individual and not at his political party.
“It is not a political party that has been convicted here, but an individual,” she said.
Malema, however, has repeatedly claimed the prosecution is politically motivated. He has pointed to Afrikaner lobby group AfriForum as a driving force behind the case. AfriForum has long been critical of Malema, particularly over his use of the anti-apartheid chant “Kill the Boer,” which the group argues constitutes hate speech.
South African courts have previously ruled that the chant does not meet the legal threshold for hate speech and must be understood within the historical context of apartheid and the struggle against white minority rule, which ended in 1994.
The case has also drawn international attention. AfriForum has taken its concerns abroad, including to the United States, where footage of Malema has been discussed by political figures. US President Donald Trump previously raised the issue with South African President Cyril Ramaphosa, questioning why Malema had not been arrested.
Malema, once the leader of the youth wing of the African National Congress, was expelled from the ruling party following internal disputes and later founded the EFF. Known for his radical left-wing platform, he has called for the redistribution of land and wealth in South Africa.
After his conviction, Malema told supporters that “going to prison or death is a badge of honour,” vowing to continue his political struggle and appealing the ruling to the Constitutional Court.
The EFF leader now awaits the outcome of his appeal, which will determine whether he begins serving the prison sentence or remains free pending further legal proceedings.
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