Legal analyst and advocate Mpilonhle Baloyi says Economic Freedom Fighters (EFF) leader Julius Malema faces a slim prospect of avoiding a jail sentence following his conviction for the unlawful discharge of a firearm at a party rally in 2018.
Malema is expected to be sentenced on Friday, 23 January in the East London Magistrate’s Court, where he will learn his fate after being found guilty last year.
The case was brought by civil rights lobby group AfriForum.
Conviction Not Politically Motivated, Says Analyst
According to the SABC, Baloyi has dismissed Malema’s claims that the conviction, handed down in October last year, was politically motivated.
He said the matter must be viewed through the lens of the seriousness of the offence and the broader context of firearm-related crime in South Africa.
“We have to consider this matter in its entirety and its seriousness,” Baloyi said.
“At the centre of this case is a contravention of the Firearms Control Act.”
He added that South Africa faces persistent challenges linked to illegal firearms and gun violence, making strict enforcement of firearm laws critical.
Rule of Law in Focus
Baloyi noted that Julius Malema has often spoken publicly about judicial independence and the importance of upholding the rule of law, arguing that the case presents a test of those principles.
“He has spoken quite a lot on judicial independence and the upholding of the rule of law. Here’s a perfect example of himself now in the dock,” Baloyi said.
“He needs to show that he abides by the rule of law and that he is not above the law.”
Awaiting Sentence
Malema was convicted for firing a rifle during an EFF rally, an act the court found to be unlawful under the Firearms Control Act.
The sentencing outcome could range from a fine to direct imprisonment, depending on the court’s assessment of aggravating and mitigating factors.
The matter has drawn significant public attention, given Malema’s political profile and the broader debate around gun control and accountability in South Africa.
