KUGOMPO CITY - Economic Freedom Fighters' Julius Malema has been granted leave to appeal his sentence.
However, his application to appeal his conviction has been denied.
Malema was sentenced to five years direct imprisonment for unlawful possession of a firearm.
READ: Julius Malema sentenced to 5 years in prison in firearm discharge case
He was also sentenced to two years in jail for unlawful possession of ammunition. For counts three, four and five, Malema was sentenced to a six months in jail with an option of R20,000 fine for each.
Malema has been sentenced to serve five years in custody, as the court decided the sentences for counts two to five will run concurrently with the sentence imposed for count one.
READ: Julius Malema no longer qualifies to be MP after direct prison sentence
He was found guilty of five counts of the charges relating to the Firearms Control Act in October last year.
Malema fired shots in front of a crowded area during the party's fifth year birthday celebration in Mdantsane in the Eastern Cape in July 2018.
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According to legal expert Mpumelelo Zikalala, for one to continue as a Member of Parliament, a sentence must not go over 12 months imprisonment and must not have an option of a fine.
Zikalala added that Malema's political position has no bearing on how the sentence is meted out. This is despite Malema calling the case political, which Magistrate Twanet Olivier was adamant that was not true while she was delivering her sentence.
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According to legal expert Jazz Vilakazi, up until the end of his appeal of his sentence, he remains a member of Parliament.
Malema is out on warning and will not be spending time in prison yet.