2 October 2025
Should EFF leader Julius Malema, who has been found guilty of discharging a rifle during a rally in the Eastern Cape, be sentenced to more than a year’s imprisonment without the option of a fine, he will be removed as an MP.
The constitution bars individuals sentenced to prison for longer than 12 months without the option of a fine from being MPs.
Malema was found guilty in the East London magistrate’s court on Wednesday and is expected to be sentenced in January. However, he said he will go all the way to the highest court to appeal the decision.
Legal expert Shadi Maganoe, a lecturer at Wits University’s school of law, said Malema’s conviction for discharging a firearm carries serious legal implications.
“Under the Firearms Control Act, it is an offence to discharge a firearm in a public place or built-up area, or in a manner likely to endanger people or property. The offence carries the possibility of a jail sentence of up to 15 years, though there’s no mandatory minimum.”
She said the court had the discretion to consider factors such as first-time offending, risk to the public and evidence of remorse, and may impose a suspended jail sentence under the Criminal Procedure Act.
“Importantly, the constitution provides that an MP is disqualified if convicted of an offence and sentenced to more than 12 months in jail without the option of a fine.”
Maganoe said this meant if Malema receives such a sentence, and all appeals are exhausted, he could lose his parliamentary seat for five years after completing the sentence.
SOURCE: TIMESLIVE
