Malema to appeal sentence after conviction upheld
· The South African
EFF president Julius Malema partially succeeded in his appeal after the East London Regional Court sentenced him to five years in prison in his firearm discharge case.
Magistrate Twanet Olivier delivered the judgment on Thursday, 16 April 2026, in KuGompo City in the Eastern Cape.
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Malema’s sentencing and penalties
Olivier sentenced Malema to five years’ imprisonment for unlawful possession of a firearm and two years for unlawful possession of ammunition.
She also imposed a fine of R20 000 or six months’ imprisonment for discharging a firearm, failing to take reasonable precautions, and reckless endangerment.
The court ordered all other counts to run concurrently with the five-year sentence and declared Malema unfit to possess a firearm.
Appeal granted on sentence
Malema immediately filed an appeal against both his conviction and sentence.
After hearing arguments from the state and the defence, Olivier said she stood by the conviction.
“This court stands firm on its decision to convict,” she said.
However, she granted leave to appeal the five-year sentence, noting that another court could reach a different conclusion.
“This court does not intend to stand in the way of that possibility,” she added.
Malema will remain out on bail while the appeal process continues.
Case background
The case stems from a viral video recorded in July 2018, which showed Malema firing what appeared to be a rifle during the EFF’s fifth anniversary celebrations at Sisa Dukashe Stadium in Mdantsane.
The court found him guilty in October last year on five charges.
Malema first appeared in court in August 2021, but delays pushed the trial start to March 2022.
Olivier said the court heard evidence over 31 days across more than seven years.
The court dismissed the defence’s Section 174 application to have the charges withdrawn in October 2023, allowing the trial to proceed.