Five-year prison term looms for Julius Malema

The EFF leader has finally been sentenced for discharging a firearm at a rally eight years ago. But Juju won’t be going directly to jail – a lengthy appeals process will still take its course.

Eight years after Economic Freedom Fighters leader Julius Malema fired a gun at a party rally, the KuGompo magistrate’s court in East London has finally handed down a sentence. And it’s jail time for Juju.

On Thursday, Malema was sentenced to five years in prison, as well as fines, in his long-running firearm case. The decision could have major consequences for both his political future and the trajectory of his party.

Malema pleaded not guilty and told the court the gun in the video was actually a toy used for dramatic effect during the EFF’s fifth anniversary rally.

Magistrate Twanet Olivier didn’t agree. She said it was “nonsensical” to try to explain firing the gun as merely a celebratory moment, adding that Malema knew that what he was doing was against the law.

Malema was charged with five counts, with the most serious two carrying prison time.

🔹On count one, Malema was sentenced to five years in prison.

🔹On count two, he received two years in prison.

🔹On counts three, four, and five, he was fined R20 000 each, with six months in prison if the fines are not paid.

The prison sentences are set to run concurrently.

It wasn’t Malema’s only matter before the courts this week: on Tuesday he secured a legal win in a defamation case against controversial entertainment blogger Musa Khawula for publishing defamatory claims about his marriage.

​The incident goes back to 28 July 2018 at the EFF’s fifth anniversary event at Sisa Dukashe Stadium in Mdantsane, Eastern Cape. Video footage showed Malema firing a rifle into the air in front of supporters. Afrikaner lobby group AfriForum laid a case against him, setting off a legal process that would take several years to conclude.

​Malema was found guilty in October 2025 of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions to prevent injury or damage, and reckless endangerment.

​That trial process focused on determining whether Malema had broken the law, with prosecutors arguing that his actions violated the Firearms Control Act of 2000, which prohibits discharging a weapon in a built-up area without justification. The state presented evidence from 19 witnesses, including ballistics experts, who testified that the firearm was real and capable of firing live ammunition. Malema has always said it wasn’t a real gun, just a prop used for dramatic effect.

His lawyers questioned the state’s video evidence, saying parts of it don’t clearly prove what actually happened.

In January this year, Malema appeared in court for pre-sentencing. That’s the stage at which the court hears arguments about punishment, not guilt. Social worker Jessie Thompson testified, recommending that he should be fined instead of going to prison. Thompson, who completed a pre-sentencing report on Malema, said she didn’t believe he meant to cause harm.

Now that Malema has finally been sentenced, the focus has shifted to how the court reached its decision. Prosecutors had pushed for a tough sentence, reportedly up to 15 years in prison, arguing that firing a gun at a crowded rally was dangerous and should be treated seriously, particularly given his position as a political leader.

​Malema’s defence, meanwhile, pushed back, arguing that no one was injured, that the incident was not intended to be dangerous, and that a prison sentence would be harsh. Instead, his legal team called for a more lenient outcome, such as a fine. But their arguments fell on deaf ears.

​If Malema is sentenced to more than 12 months in prison without the option of a fine, section 47(1)(e) of the Constitution bars him from being a member of parliament. But that would come into play only after the appeal process is exhausted.

Legal expert Mpumelelo Zikalala told eNCA it would be problematic to have a member of parliament who does not respect the country’s laws.

AfriForum, which pushed for the prosecution, welcomed the sentence as a step towards accountability. The lobby group argued that no one, regardless of political status, should be above the law when it comes to handling firearms in public.

Politically, this comes at a sensitive time for the EFF. The party’s support declined in the last national elections, dropping from roughly 10.8% of the vote in 2019 to about 9.5% in 2024.

Now Malema’s back in the spotlight after his sentencing, but is all publicity good publicity? Some supporters might perceive him as a political fighter being targeted. But others could be worried about the party’s direction and leadership.

Malema’s legal team has confirmed it will appeal the ruling, a move that could delay or change how the sentence is ultimately carried out. The EFF leader has previously said that he will fight the charges all the way to the Constitutional Court.