EFF leader Julius Malema has described his five-year direct prison sentence for unlawful possession of a firearm as a politically motivated attempt to silence him and his party.
Image: EFF
The East London Magistrates’ Court has sentenced EFF leader Julius Sello Malema to five years’ direct imprisonment after finding him guilty on multiple firearm-related charges linked to a rally held in Mdantsane on 28 July 2018.
Malema was convicted on charges including unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions to protect persons or property, and reckless endangerment.
Although he received multiple sentences across the different counts—including five years’ imprisonment, two years’ imprisonment, and three separate R20,000 fines or six months’ imprisonment—the court ordered that the sentences run concurrently. This resulted in an effective five-year custodial sentence.
He was convicted on the charges in October by Magistrate Twanet Olivier.
Regarding Malema’s act of firing a semi-automatic rifle during a rally at the Sisa Dukashe Stadium, with thousands present, she said: “Such behaviour can’t be tolerated by the court in any instance or used to justify the commission of an offence as celebratory shots.”
The rifle used belonged to a security company linked to Malema’s former bodyguard, Adriaan Snyman.
While Olivier denied the EFF leader leave to appeal his convictions, she granted him permission to appeal her sentencing ruling, which effectively meant that he was not immediately taken to prison.
When addressing thousands of EFF supporters who gathered outside the courthouse, Malema claimed that his prosecution is politically motivated, alleging that a “hidden hand” was influencing the judicial process against him.
He said this was part of a broader, orchestrated campaign to disrupt his political career and stifle the EFF’s influence ahead of the 2026 local government elections. He also claimed Olivier was a racist and could be affiliated with AfriForum.
The civil rights organisation was the complainant in the matter.
“She did not read the heads of argument. She entered the court without knowing what was contained in the arguments that the lawyers were putting before the court,” he said.
He accused her of speaking politics instead of applying the law. “We are dealing with someone who doesn’t apply the law. The law, whether you hate someone or not, requires you to answer the question: What does the law say on the matter?”
He added that no reasonable judge would agree that a person who shoots one bullet should be sentenced to five years, arguing that the sentence was politically motivated and disproportionate.
He said the case was an attempt by his opponents to defeat him and the EFF through the legal system rather than at the ballot box.
Malema added that the party will petition the High Court to appeal both the guilty verdict and the sentence.
He argued throughout proceedings that the weapon was a toy or prop, not a real firearm capable of firing live ammunition.
Snyman, who was accused of providing the weapon, was acquitted due to a lack of evidence.
A day before sentencing, Malema’s legal team, led by advocate Tembeka Ngcukaitobi, argued that the state had failed to provide sufficient grounds to justify a custodial sentence and had misread key evidence, particularly regarding allegations of premeditation.
He argued that the prosecution had taken statements out of context, saying references were interpreted as planning related to a celebratory event rather than any criminal intent.
“Everything was perfect and calculated and designed to be the way it was done… he is not talking about planning the commission of an offence. He is talking about planning the celebration, the celebratory event,” Ngcukaitobi submitted.
DAILY NEWS