By Enyichukwu Enemanna
South Africa’s opposition party, the Economic Freedom Fighters (EFF), has strongly condemned the 5-year prison sentence on its leader, Julius Malema, saying the judgment on Thursday was politically driven and aimed at silencing dissent.
Malema was sentenced in connection with a 2018 incident in which he discharged an assault firearm during the party’s anniversary rally in Mdantsane, Eastern Cape.
According to the ruling by Judge Twanet Olivier, Malema was sentenced to five years’ imprisonment on count one, two years’ imprisonment on count two, and a fine of R20,000 or six months’ imprisonment on count three.
In a statement issued on Thursday, the EFF said the case had always been pursued within a hostile and politicised environment.
“The EFF notes the sentencing of our President and Commander-in-Chief, Julius Malema in relation to the 2018 firearm discharge incident at the EFF’s anniversary rally in Mdantsane,” the party said.
“The EFF reiterates that this case has always been pursued in a highly politicized environment, with clear intentions to criminalize a revolutionary political voice that represents the aspirations of the oppressed and marginalized.”
The party also faulted the custodial sentence handed down by the court, describing it as excessive and unjustified.
“The EFF further notes the imposition of a custodial sentence, which we view as disproportionate and inconsistent with both the facts and the broader context of the incident,” the statement added.
The EFF particularly slammed South Africa’s prosecuting authority, accusing it of selective justice and an unusual determination to secure Malema’s imprisonment.
“The National Prosecuting Authority (NPA), in its pursuit of this matter, demonstrated an extraordinary and deeply suspicious appetite for imprisonment,” the party said.
“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 mobilized its full capacity to ensure that President Malema is incarcerated.”
During the trial, Malema’s legal team, led by prominent constitutional lawyer Tembeka Ngcukaitobi, argued that the prosecution’s case was weak and failed to establish criminal intent.
According to the EFF, the defence maintained that the firearm discharge occurred in a celebratory context and was not intended to cause harm.
The party also stressed that no injuries or actual harm resulted from the incident.
The statement further revealed that Malema’s legal team presented mitigating factors, including his political responsibilities and societal role, urging the court to adopt a balanced approach.
“Thirdly, Adv. Ngcukaitobi and the defense team placed before the court mitigating factors relating to President Malema’s personal circumstances, political responsibilities, and broader societal role,” it said.
The defence also challenged the rationale for imprisonment, arguing that a custodial sentence would serve no meaningful purpose.
Framing the judgment within a broader political struggle, the EFF alleged that the sentencing forms part of a wider effort to suppress its ideology.
It said, “President Malema’s sentencing must therefore be understood within this historical continuum: as part of a broader effort by white capital and its allies to discipline and silence those who refuse to abandon the struggle for land, dignity, and economic emancipation.”
The party confirmed that Malema would challenge the ruling in a higher court and urged its supporters to remain calm.
