Julius Malema faces the possibility of imprisonment, igniting fierce debates about justice and democracy in South Africa
Image: Abongile Ginya
The legal team representing Economic Freedom Fighters (EFF) leader Julius Malema has made a passionate plea to the magistrate’s court in KuGompo City, Eastern Cape, urging that he must not go to prison.
Yesterday, magistrate Twanet Olivier heard final arguments from both the defence and the State before postponing the matter to today (16 April) for judgment. The State is seeking the opposite outcome.
Prosecutor Adv Joel Cesar told the court he is seeking a prison term of up to 15 years for Malema, who was convicted in October 2025 on five counts under the Firearms Control Act. Alternatively, he asked for a sentence of 10 years’ imprisonment, with three years suspended, along with fines on the remaining counts.
The charges stem from a 2018 incident at an EFF rally in Mdantsane, where Malema fired a semi-automatic firearm into the air. Co-accused Adriaan Snyman was acquitted. The court previously heard that Snyman handed the firearm to Malema during the event.
If Malema is sentenced to more than 12 months in prison without the option of a fine, he will lose his seat in Parliament. Thousands of EFF supporters gathered outside the courthouse from early morning, many having camped overnight after a vigil. Police set up a heavy security presence around the building.
Malema arrived shortly before 9am with his legal team and senior party leaders. Advocate Laurance Hodes told the court that all five charges arose from a single incident lasting less than two minutes.
"To impose a custodial sentence for a single, brief incident of this nature would be disproportionate and inappropriate," he said.
He outlined Malema’s personal circumstances, saying he is now 45, was 37 at the time of the incident, has no previous convictions and has "led a blameless life". There have been no similar incidents since 2018, he said.
Hodes told the court that Malema received the rifle from someone likely linked to security services, describing it as a licensed weapon. He said Snyman handed the firearm to Malema, who borrowed it for the event, held it for less than a minute while firing, and returned it immediately.
Malema did not obtain the weapon illegally and had no intention of using it for any other purpose, he said.
Hodes also cited other cases where people discharged firearms in public but did not receive prison sentences. In one case, a man fired a Glock pistol under a table in a restaurant with about 220 people present, causing damage but no injuries, and received a three-year suspended sentence. In another, he said, two intoxicated police officers fired shots in a public area and received partially suspended sentences with fines.
Hodes argued that the state was inconsistent, describing Malema as an ordinary person who should be treated equally before the law, while also relying on his status as a political leader to argue for a harsher sentence.
After Hodes concluded his submissions, the court adjourned briefly before Cesar began the state’s argument. Cesar told the court the firearm used was an assault rifle, not a handgun, with more powerful ammunition that could have caused fatal consequences.
He referred to video footage of the incident as a "silent witness".
"They say a picture speaks a thousand words. This is one of those instances," he said.
Cesar argued that Malema placed more than 20,000 people at risk during the rally in Mdantsane, one of the most densely populated areas in the country. He said the video showed people running, with several individuals in the line of fire, and stressed that Malema fired more than one shot.
"It was by the grace of God that nobody got hurt," he said, adding that the incident was "barbaric".
He argued that Malema, as a public representative, had set a dangerous example.
He referred to a separate incident involving Bitoudeputy mayor Nokuzola "Noksi" Kolwapi, who went viral in December 2025 after firing a weapon at a traditional ceremony, as evidence of the influence of such conduct.
"He is a member of Parliament. A lawmaker. Yet he's the one that broke the law," Cesar said.
Advocate Tembeka Ngcukaitobi delivered the defence’s rebuttal, arguing again for a non-custodial sentence.
He claimed AfriForum was behind the prosecution, but Olivier stopped him, saying he was going off track. Ngcukaitobi said he was referring to points raised by the state.
Malema addressed supporters outside court shortly after proceedings ended.
"We have received a lot of letters, messages, from people, churches saying they are praying for us, so everything goes according to the will of God," he said.
"We don't take anything for granted. There is nothing that will disrupt the revolution. No one has reason to panic. I am too old to be shaken by young Afrikaner boys. I will appeal this case up to the highest court."