Economic Freedom Fighters (EFF) President and member of parliament (MP), Julius Sello Malema has been sentenced to prison time for firing a rifle in the air at a party rally. The matter relates to an incident in 2018 where Malema was filmed firing a semi-automatic rifle during the EFF’s 5th-anniversary celebrations.
Magistrate of the KuGompo Regional Court, Twanet Olivier has sentenced Malema to five years of direct imprisonment on Thursday, 16 April 2026 for unlawful possession of a firearm; two years for unlawful possession of ammunition (to run concurrently); and a R20 000 fine or six months’ imprisonment for unlawful discharge of firearm, failure to.
Take reasonable precautions to avoid danger to a person or property, and reckless endangerment of a person or property. This comes after Malema was found guilty in October 2025.
In a turn of events, Malema’s legal team, led by Advocate Tembeka Ngcukaitobi SC immediately lodged an application for leave to appeal his conviction and sentence. The defense argued against a custodial sentence, labelling the state’s push for prison time as “retributive” and “vindictive” while framing the case as political persecution.
The defense maintained that direct imprisonment was excessive. Legal expert Zola Majavu explained it is not extraordinary that Malema was released on warning the same day he was sentenced and subsequently granted leave to appeal by Olivier. While Malema is not going to spend time in jail for now, his bid to have another court consider the conviction was denied.
Advocate Ngcukaitobi SC, Laurence Hodes SC and other members of the legal team representing Malema were praised for anticipating all possible scenarios and planning and executing for each.
“What has happened to Mr Malema is not special to him; it happens every day,”
“The only thing is that his legal team was on top of the game because they anticipated all possible scenarios, and they planned and executed for each.”
In Court: Malema was granted leave to appeal the sentence, which suspends its execution, and his bail was extended pending the appeal outcome. While his initial attempt to appeal the conviction was denied, his legal team plans to pursue further remedies. While welcoming the sentence, the National Prosecuting Authority (NPA) called for the maximum sentence of 15 years’ imprisonment against Malema. “Welcoming the sentence, the Eastern Cape Director of Public Prosecutions, Barry Madolo, said the sentence underscores the principle of equality before the law.
“The defence has applied for leave to appeal both the conviction and sentence, which was opposed by the state. The court denied them defence leave to appeal the conviction and granted them leave to appeal the sentence. Malema remains out on warning pending the finalisation of the appeal,” said NPA Regional Spokesperson, Luxolo Tyali.
