Malema can appeal sentence, not conviction

Update: Julius Malema has been granted leave to appeal his five-year prison sentence, but the court has dismissed his attempt to appeal the conviction. The KuGompo Magistrate’s Court says the EFF leader did break the law in the 2018 firearm discharge incident. He has been released on warning, according to EWN.

Malema faces five year sentence

Economic Freedom Fighters leader Julius Malema has been sentenced to five years’ direct imprisonment in his firearm handling and discharge case. The sentence was handed down in the East London Regional Court on Thursday, 16 April 2026, during the second day of his sentencing proceedings.

According to eNCA, Magistrate Twanet Olivier said the court had enough time to consider the defence’s submissions before reaching a sentence. She said the court weighed the seriousness of the offence, while also noting that Malema was a first-time offender with no outstanding offences.

Court rejects “celebratory shot” defence

In court, Olivier sharply criticised the defence’s argument that the firearm was discharged as part of a celebration. She described that version as “nonsensical” and said Malema knew that what he was doing was unlawful.

She told the packed courtroom that a sentence must fit both the offender and the crime, while also being fair to society and tempered with mercy. But the court made it clear that this was not treated as a moment of poor judgment or a spontaneous act.

Magistrate says act was planned

Olivier said the events surrounding the firearm discharge were pre-planned ahead of the EFF’s birthday bash celebrations. According to eNCA’s report, she said the act “wasn’t an impulsive act” and was instead “the event of the evening”, arguing that something of that scale required planning around how, when and where the firearm would be used.

She went further, saying the decision had been made long before the actual event and that Malema proceeded despite knowing the act could cause harm to people or property. She also said the court could not condone the commission of a crime simply because it took place during a celebration.

Case carries political weight

The sentence is a major development for one of South Africa’s most high-profile political figures. Malema’s case has drawn intense public attention, not only because of who he is, but because it touches on firearm accountability, political leadership and the message sent when public figures break the law.

For now, the court’s position is clear: even if the firearm was discharged in less than a minute, as Olivier noted, the impact remains the same.