Economic Freedom Fighters (EFF) leader Julius Malema has vowed to continue his legal battle after being handed an effective five-year prison sentence by Magistrate Twanet Olivier on Thursday.
Malema was convicted on charges relating to the unlawful possession and discharge of a firearm during the EFF’s 2018 anniversary celebrations at Sisa Dukashe Stadium in Mdantsane.
Despite the sentence, he has, for now, avoided jail time after being released on warning pending the outcome of his appeal.
Malema released on warning
The court sentenced Malema to five years for unlawful possession of a firearm, alongside additional penalties including two years for unlawful possession of ammunition and fines of R20,000 each for discharging a firearm in a built-up area and reckless endangerment.
He was also declared unfit to possess a firearm.
The court denied leave to appeal the conviction but granted leave to appeal the sentence.
He was then released on a warning pending the outcome of his appeal, which meant that he had, for now, avoided jail time.
Malema, addressing his supporters outside court, said he will appeal the sentence to the highest court.
“We are going to appeal this matter. We’re going to dismiss a judgment which was poorly read and which was poorly written,” he said.
“So, we must not even look back. We’re going forward. The campaigns of the EFF must continue as business as usual. I told you when she found me guilty that I’m going to appeal to the highest court.”
‘No one is above the law’
Jacques Broodryk, AfriForum’s chief spokesperson for community safety, said the sentence shows us that the wheels of justice do turn, even though they turn very slowly.
“Even though it took eight years of constant fighting and pressure by Afriforum to ensure that they kept turning, today we have reached this verdict,” he said.
“It shows us that no one is above the law, and that politicians and those with political connections need to realise that they are no more important than any other ordinary member of the South African public. Afriforum will continue to hold reckless politicians accountable, and we will continue to fight for equality before the law.”
NPA welcomes Malema sentencing
Even though the state called for the maximum sentence of 15 years imprisonment, the NPA said it believes that the sentence will have the desired effect of deterrence against would-be offenders in firearm-related offences, which are prevalent in the country.
“The conviction and sentencing of the parliamentarian for the 2018 offences, committed during the EFF’s rally in Mdantsane, is a reaffirmation of the NPA’s commitment to upholding the rule of law and proper administration of justice, without fear, favour or prejudice, regardless of social status and standing.”
EFF supporters say Malema is ‘targeted’
Party supporter Thabiso Makhoba described the case as racially motivated.
“There are many elements to this case, and it is racially motivated. We cannot be silent because if Malema is affected by racist, what about us in our workplaces?”
Chloë Menteath said the EFF was being targeted for advocating for marginalised voices.
“I think the EFF is the only political party in South Africa that’s fighting for the rights of all minorities and because of that they want to push down the movement. And it’s now becoming a new tradition, and we also think that if we look the other way, we don’t have much leadership.”
Political analyst Sandile Swana said the case could have serious political consequences if the sentence is upheld, potentially rendering Malema ineligible to serve in Parliament.
“Nevertheless, I expect that Malema will continue to lead the EFF with greater urgency in the 2026 elections and the 2029 elections,” he said.
“Even if he decides to leave parliament and be a major factor in the underground campaigns, electoral campaigns more especially, of the EFF and in building structures and branches, which would actually give the EFF a significant percentage of increase in votes and support and stability.”
- Julius Malema, leader of the EFF, was sentenced to an effective five years in prison for unlawful possession and discharge of a firearm during a 2018 rally but is currently out on warning pending appeal.
- The court imposed five years for unlawful possession of a firearm, two years for ammunition possession, fines for discharging a firearm in a built-up area, reckless endangerment, and declared Malema unfit to possess firearms.
- Malema vows to appeal the sentence to the highest court and continue his political campaigns despite the conviction.
- Afriforum and the NPA emphasize that the ruling demonstrates the rule of law applies equally to politicians, with the NPA hoping the sentence deters future firearm offenses.
- Supporters claim the case is racially motivated and politically targeted, while analysts warn the sentence could impact Malema's ability to serve in Parliament but note he is likely to remain a key political figure.
Economic Freedom Fighters (EFF) leader Julius Malema has vowed to continue his legal battle after being handed an effective five-year prison sentence by Magistrate Twanet Olivier on
Malema was convicted on charges relating to the unlawful possession and discharge of a firearm during the EFF’s 2018 anniversary celebrations at Sisa
Despite the sentence, he has, for now, avoided jail time after being released on warning pending the outcome of his appeal.
He was also declared unfit to possess a firearm.
He was then released on a warning pending the outcome of his appeal, which meant that he had, for now, avoided jail time.
Malema, addressing his supporters outside court, said he will appeal the sentence to the highest court.
“We are going to appeal this matter. We're going to dismiss a judgment which was poorly read and which was poorly written,” he said.
“So, we must not even look back. We're going forward.
Jacques Broodryk, AfriForum’s chief spokesperson for community safety, said the sentence shows us that the wheels of justice do turn, even though they turn very slowly.
“Even though it took eight years of constant fighting and pressure by Afriforum to ensure that they kept turning, today we have reached this verdict,” he said.
“It shows us that no one is above the law, and that politicians and those with political connections need to realise that they are no more important than any other ordinary member of the
Even though the state called for the maximum sentence of 15 years imprisonment, the NPA said it believes that the sentence will have the desired effect of deterrence against would-be offenders in firearm-related offences, which are prevalent in the country.
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Party supporter
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“I think the EFF is the only political party in
Political analyst
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“Even if he decides to leave parliament and be a major factor in the underground campaigns, electoral campaigns more especially, of the EFF and in building structures and branches, which would actually give the EFF a significant percentage of increase in votes and support and stability.”
