Jail time on hold for Malema as EFF leader’s appeal granted

EFF president Julius Malema partially succeeded in his appeal after being sentenced to five years in prison following his firearm discharge trial.

The judgment was handed down on Thursday, 16 April 2026, by Magistrate Twanet Olivier at the East London Regional Court in KuGompo City, Eastern Cape.

Olivier previously found Malema guilty of unlawful possession of a firearm, unlawful possession of ammunition, unlawful discharge of a firearm, failure to take reasonable precautions to avoid danger to a person or property, and reckless endangerment to a person or property.

The presiding officer then sentenced Malema to five years in prison for the first offence, two years for the second count, and ordered to pay a R20 000 fine or six months’ imprisonment for the remaining three charges.

All the other counts will run concurrently with the five-year sentence. He was also declared unfit to possess a firearm.

EFF leader Julius Malema wins appeal

Malema immediately filed an appeal against his conviction and sentence.

In her ruling, after hearing arguments from the state and the defence, Olivier said she stands by her earlier decision on the conviction.

“This court abides by its decision as stated on record. This court has not had a change of heart and clearly stands firm on its decision to convict,” the magistrate said.

However, she granted the appeal against the five-year sentence, stating that another court could come to a different conclusion.

“This court does not have any intention to stand in the way of such a possibility.”

Malema will remain out on a warning until the appeal process is complete.

Watch the trial below:

2018 EFF celebrations

The conviction relates to a viral video from July 2018, which showed Malema firing what appeared to be a rifle during the EFF’s fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane.

He was found guilty in October last year on five charges.

Although Malema first appeared in court in August 2021, proceedings were delayed, with the trial only beginning in March 2022.

In total, the court, according to Olivier, heard evidence over 31 days spread across more than seven years.

An attempt by the defence to have the charges withdrawn through a Section 174 application was dismissed in October 2023.