南非左翼政治家朱利叶斯·马莱马因 2018 年在一次政治集会上向空中鸣枪,被判处五年监禁。作为南非第四大政党——经济自由斗士党(EFF)的领袖,马莱马的律师立即提起了上诉,在上诉程序进行期间,马莱马将保持人身自由。去年,马莱马因古贡波市(当时称为东伦敦)EFF 成立五周年庆典上发生的一起事件而被判定五项罪名成立,包括非法持有枪支和在公共场所发射武器。地方法官特瓦内特·奥利维尔表示:“这并非……冲动之举……也不是因为愤怒。这是当晚活动的一部分。”马莱马的律师曾辩称,鸣枪仅是为了庆祝,并未造成人员伤亡。奥利维尔在判词中提到:“我们也应该记住被告被定罪的罪行严重程度。我们每天或每周都能听到在自家前院或街道上玩耍的孩子被卷入交火。胡乱开枪射击导致人员死亡。这还是我们第一次听到有人将其称为庆祝性射击。”她表示:“遗憾的是,公职人员承担的问责要多得多,其分量比普通南非人更重。”任何超过 12 个月的监禁判决都将剥夺马莱马担任国会议员的资格,尽管在该判决在所有上诉程序耗尽之前不会生效。奥利维尔准许了拒不认罪的马莱马就其量刑(而非定罪)提起上诉的许可。他的律师表示,他们将向更高一级法院申请许可,以便也对定罪提起上诉。马莱马曾是非洲人国民大会(非国大)青年联盟的领导人,他在随后向数十名身穿红衫的 EFF 支持者发表讲话时表现得毫不畏惧,这些支持者此前在古贡波市地方法院外关注着庭审进程。他向地方法官发起了人身攻击,指责她是种族主义者。
The South African leftwing politician Julius Malema has been sentenced to five years in prison for firing a rifle in the air at a political rally in 2018.Lawyers for the leader of the Economic Freedom Fighters, South Africa’s fourth largest political party, immediately appealed, and Malema will remain free while the appeal proceedings are under way. Malema was convicted last year on five charges, including unlawful possession of a firearm and discharging a weapon in a public place, after an incident at the EFF’s fifth anniversary celebrations in KuGompo City, then known as East London.The magistrate, Twanet Olivier, said: “It wasn’t … an impulsive act … It wasn’t anger. It was the event of the evening.”Malema’s lawyers had argued the shots were intended just to be celebratory and that no one was harmed.Olivier said in her sentencing remarks: “We should also keep in mind the magnitude of the offence that the accused is being convicted of. We have heard daily or weekly of children playing in their front yards or the street, who are caught in crossfire. Random shots fired, killing people. It’s just the first time we hear it’s being called celebratory shots.”She said: “Unfortunately, the accountability on a public office bearer is a lot more, it weighs heavy, than that of a regular South African person.”Any prison sentence longer than 12 months would bar Malema from being a member of parliament, although that would not go into effect until all appeals had been exhausted.Olivier granted Malema, who had pleaded not guilty, leave to appeal against his sentence, but not his conviction. His lawyers said they would petition a higher court for leave to appeal against the conviction as well.Malema, the former leader of the African National Congress’s youth league, was defiant in a speech afterwards to dozens of red-shirted EFF supporters who had watched proceedings outside the magistrates court in KuGompo City.He attacked the magistrate personally, accusing her of being racist and not reading written arguments submitted by both sides. “We were tried by a magistrate who doesn’t read, who uses emotions, who speaks politics,” he said.Later, Malema said: “We are fighting the enemy and the enemy is white supremacy.”State prosecutors had argued for a 15-year jail sentence. “The accused is a political leader with a huge following … young people emulate this kind of behaviour,” the prosecutor Joel Cesar said during the sentencing arguments on Wednesday. “He’s a member of parliament, a lawmaker, but he breaks the law.”The case was brought by AfriForum, a conservative lobby group that claims to represent the interests of the Afrikaner minority. AfriForum had also criticised Malema for chanting “Kill The Boer” at rallies and brought a separate case accusing him of hate speech. “Boer” is another name for Afrikaners and means “farmer” in Afrikaans.The constitutional court ruled in 2025 that the chant, which originated as an anti-apartheid song, was not hate speech and no