Pre-sentencing proceedings for EFF leader Julius Malema begin today in the East London Magistrate’s Court, with police implementing a high security alert as thousands of supporters are expected to descend on the city.
Authorities have scheduled various road closures around the court precinct for safety purposes, as the state seeks a 15-year direct imprisonment term for the controversial politician on firearms charges.
The case stems from the party’s fifth birthday celebrations in 2018, where Malema allegedly fired a rifle in front of thousands of supporters at Sisa Dukashe Stadium in Mdantsane. He faces charges of unlawful possession of a firearm and ammunition, and discharging a firearm in a built-up area, endangering people.
Malema was convicted in October 2025 on five charges. The sentencing outcome carries significant political implications, particularly for his position as a Member of Parliament. If sentenced to more than 12 months in prison without the option of a fine, he could be disqualified from serving in the National Assembly.
However, legal experts have questioned the state’s sentencing recommendation, describing it as disproportionate for a first-time offender.
Legal expert Mpumelelo Zikalala told the SABC that he doubts the state will secure the 15-year sentence it has requested.
“I don’t think that’s what the state is going to get because you have to balance the few variables which are going to be there. Firstly, the variable of saying ‘let’s look at the harm that has taken place’. Yes, a firearm was discharged, yes legislation was contravened, but no one got hurt and no one died. So when the sentence is being issued out, it must be a sentence that is appropriate. Don’t use a sledgehammer to kill a fly,” Zikalala said.
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Legal analysts suggest Malema could receive a suspended or non-custodial sentence as a first-time offender, which would allow him to remain in office.
Malema briefed the media last week, saying his legal team was prepared to appeal after reviewing the state’s heads of argument.
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“We have already said we would appeal the judgment… You can see that someone is doing everything in their power to get me into jail. So I have no problem with that,” he said.
He added that his team would continue to fight the matter legally. “Here in South Africa, you don’t use the courts to fight political battles. So we are going there ready and knowing what the other side wants. They are coming in for the kill. We will meet in the courtroom.”
Lobby group AfriForum brought the charges forward. The matter sits before Magistrate Twanette Olivier, who previously sentenced Sibongile Mani, a former Walter Sisulu University accounting student who mistakenly received R14 million from NSFAS, to five years’ direct imprisonment.
Malema was previously charged alongside his co-accused and former bodyguard, Adriaan Snyman, before Olivier dropped the charges against him due to insufficient evidence. Snyman was alleged to have handed over the rifle used in the incident.
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