South African opposition figure Malema handed a five-year jail sentence for firing gun

South African opposition leader Julius Malema was sentenced to five years in jail on Thursday for firing a rifle in the air at a rally, a judgement that could bar the prominent campaigner from parliament.

Soon after, the 45-year-old was allowed to appeal against his sentence by a magistrate in KuGompo City and released until the case is heard by the high court.

Malema's lawyers had argued he did not intend to cause harm by firing the gun in a celebratory gesture.

As the hearing unfolded, hundreds of supporters of his far-left Economic Freedom Fighters (EFF) party gathered outside the court, wearing the party's trademark red berets and singing campaign songs.

Legal expert Ulrich Roux said Malema would not be transferred to jail while the appeal is pending. Malema has vowed to take his case all the way to the Constitutional Court, a process that could take years, according to Roux.

Malema was convicted last year on five charges after firing the gun at a stadium in Eastern Cape province in 2018.

"It is clear that if crimes are allowed to go unchecked and unpunished, it poses a serious threat to our democratic state," magistrate Twanet Olivier said before delivering the sentence.

Under South Africa's constitution, a prison sentence of 12 months or more – if confirmed after all appeals – would disqualify Malema from serving as a lawmaker. 

That would be a major blow to his party, which has strong support among young South Africans frustrated by persistent racial inequality since the end of white minority rule in 1994.

For the other three offences, including discharging a firearm in a built‑up area, Malema was fined. The sentences will run concurrently.

Dressed in a black suit and shirt with a red tie, Malema was released on a warning, meaning he did not pay bail but committed to appear in court on a future date.

The state prosecutor had told the court it would set a bad precedent if Malema got off without jail time and urged the magistrate to impose the maximum possible sentence of 15 years.