Economic Freedom Fighters (EFF) leader Julius Malema has been sentenced to five years in direct imprisonment by the KuGompo Regional Court in the Eastern Cape, in connection with a 2018 rally where he was filmed firing a semi-automatic rifle into the air.

The court on Wednesday found Malema guilty of multiple charges, including illegal possession of a firearm and ammunition, and unlawful discharge of a firearm in a public area.

The incident occurred during the EFF’s 5th-anniversary rally in Mdantsane, with video of the discharge circulating widely at the time.

In court filings and public remarks, Malema maintained that the firearm did not belong to him and said he fired it to rouse the crowd.

The case was initiated following a complaint lodged by lobby group AfriForum, which pursued the matter through the courts. It adds to a series of high-profile legal contests involving the opposition figure over the past several years.

Malema’s legal team confirmed he is moving to challenge the outcome. Following the sentencing, it was reported that he is immediately appealing both the conviction and the five-year term, a process that could escalate the matter to the Constitutional Court if leave is granted.

The KuGompo Regional Court’s ruling marks the most serious penalty Malema has faced to date. Under South African law, a direct imprisonment sentence typically requires the accused to begin serving time unless bail pending appeal is granted.

The EFF has not issued a formal statement on next steps, but senior party officials at court said the leadership stands with the Commander in Chief” and would pursue all legal avenues.

Prosecutors argued the public discharge of an automatic weapon set a dangerous precedent, while the defence insisted there was no intent to harm and questioned the chain of custody for the firearm.