EFF leader Julius Malema is back in court in KuGompo City in the Eastern Cape, where sentencing proceedings in his firearm case began on Wednesday and are expected to continue into Thursday. Prosecutors want a harsh sentence of as much as 15 years behind bars after Malema was found guilty in October 2025 of firing a weapon at the EFF’s 2018 birthday rally in Mdantsane.

The charges relate to unlawful possession of a firearm and ammunition, reckless endangerment, and discharging a firearm in a public place. His former bodyguard, Adriaan Snyman, who was tried alongside him, was acquitted. The matter reached court after AfriForum laid charges under the Firearms Control Act.

State pushes for prison time

According to court papers cited by IOL, the state wants either a maximum 15-year prison term or 10 years with three years suspended, plus fines on the remaining counts. Prosecutor Advocate Joel Cesar argued that the case is about equality before the law, deterrence and sending a clear message that firearms cannot be used as political theatre. He also asked the court to declare Malema unfit to possess a firearm.

Legal experts quoted by IOL said the offences do not fall under the Minimum Sentences Act. That means sentencing is left to the discretion of Magistrate Twanet Olivier, who must weigh Malema’s personal circumstances, the seriousness of the offences and the broader message to society.

His political future is also on the line

The outcome could reach far beyond the courtroom. Political commentator Zweli Ndevu told IOL that a sentence of more than 12 months without the option of a fine could cost Malema his seat in the National Assembly. That would mark a major turning point for both Malema and the EFF.

Malema has maintained that he was not guilty and claimed the weapon was a toy, but that version was rejected by the court. During mitigation hearings in January, a social worker recommended a fine instead of jail, saying Malema had not intended harm when he fired shots into the air.

Supporters rally as judgment looms

Outside court, emotions are running high. Thousands of EFF supporters gathered in KuGompo City ahead of sentencing, while party leaders insisted they were ready to appeal if a custodial sentence is imposed. For now, South Africa is waiting to see whether Malema walks free, pays a fine, or heads to prison in a case that has become a test of accountability for powerful political figures.