The five-year imprisonment of Economic Freedom Fighters (EFF) leader Julius Malema by an East London magistrate on Thursday has huge implications for his party and South African politics.
His conviction and jail term arose from illegally discharging a firearm in public at a party rally eight years ago. His action was in contravention of the country’s Firearms Control Act.
Magistrate Twanet Olivier earlier convicted Malema, the charismatic leader and co-founder of the EFF, on five counts. His appeal to a higher court is already under way.
The charges included the unlawful possession of a firearm and ammunition. In effect, the prison sentence should trigger Section 11 of the EFF Constitution which allowed for his suspension and the appointment of an acting leader. With local government elections looming in the next nine months, Malema’s imprisonment could have devastating consequences for the party’s electoral prospects. It would also trigger a power struggle within the party.
Malema also has to vacate his seat in Parliament. He is disqualified as an MP in terms of Section 47 of the Constitution which bars any member sentenced to more than 12 months imprisonment without the option of a fine.
A succession battle in the EFF has been compromised by the recent departures of Malema’s co-founders of the party, Floyd Shivambu and
Mbuyeseni Ndlozi. A likely acting leader will be Marshall Dlamini.