South Africa’s opposition figure, Julius Malema, has been sentenced to five years in prison for the unlawful discharge of a firearm at a rally in 2018.
The East London Regional Magistrate Court issued its sentence on Thursday, six months after he was convicted on five charges, including unlawful possession of ammunition, reckless endangerment, and discharge of a firearm in a public space.
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Reading out his sentence, the magistrate, Twanet Olivier, said the court considered several factors in its verdict, taking into account the evidence presented by the defence.
However, she declared, the argument of the defence that Mr Malema’s actions were simply celebratory was “nonsensical” because he knew what he was doing was unlawful.
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“It wasn’t an impulsive act. It wasn’t anger. It was the event of the evening. It should take considerable planning for an event of that magnitude as to how, when, and exactly at what time you will take possession of the firearm and where you will fire it from. To reason any otherwise is nonsensical,” she said.
Mr Malema leads the opposition Economic Freedom Fighters Party, which is the fourth-largest political party in parliament. It was at the party’s 5th anniversary in 2018 that he fired live rounds into the air.
Ms Oliver said Mr Malema knew his actions could harm anyone around him, but went ahead to get a rifle and fired shots in public in celebration.
“This decision was made long before the actual event. Such acts cannot be condoned by this court in any instance and further justify the commission of a crime that was a celebration,” she said.
She added that whether the discharge of the firearm occurred in less than a minute, the impact remains the same.
The sentence’s length could see the 45-year-old being disqualified as a member of parliament.
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The South African constitution only allows for members who have not been sentenced to more than 12 months’ imprisonment to retain their position.
This judgment sets back the EFF, which has strong support among youngSouth Africans frustrated by the racial inequality that has persisted since the end of white minority rule in 1994.
Mr Malema’s lawyers have said they will appeal the ruling, and the fiery politician may still avoid jail if the appellate court rules in his favour.
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