Julius Malema could lose Parliamentary seat

Economic Freedom Fighters (EFF) commander-in-chief Julius Malema may lose his parliamentary seat after an East London magistrate's court found him guilty of illegally discharging a firearm, a conviction that carries the prospect of a custodial sentence and the automatic disqualification of an MP under the constitution.

Legal experts say the stakes are high. Shadi Maganoe, a lecturer at the Wits University School of Law, explained that the constitution disqualifies any Member of Parliament who is sentenced to more than 12 months imprisonment without the option of a fine. "This means if Malema receives such a sentence, and all appeals are exhausted, he could lose his parliamentary seat for five years after completing the sentence," Maganoe said, underlining the long-term political consequences of the court's finding.

Sentencing has been set for January 23, when the magistrate will determine Malema's punishment. Unbowed by the verdict, Malema addressed supporters outside the courthouse following the ruling, framing the case as part of a political campaign against him and vowing to exhaust all legal remedies. "We are coming on January 23 for sentencing. After sentencing, we will immediately put in an appeal so we can go to the higher court because we think the judgment is faulty," he told the crowd.

In his remarks, Malema portrayed the legal process as politically motivated. "They've been looking for me. They were playing games, and today they came out openly," he said, adding that imprisonment or death would not deter him from his cause. "As a revolutionary, going to prison or death is a badge of honour. We cannot be scared of prison. We cannot be scared to die for the revolution. Whatever they want to do, they must know we will never retreat from our ideas."

The conviction and the looming sentencing date have intensified attention on the political and legal implications for the EFF and the National Assembly. Observers will be watching closely to see whether the court imposes a custodial term exceeding the constitutional threshold — a development that would trigger Malema's disqualification from Parliament if the sentence includes no option of a fine and survives the appeals process.