KUGOMPO CITY, Eastern Cape — The legal battle facing Economic Freedom Fighters leader Julius Malema has entered a new phase after his legal team confirmed it will appeal his five-year prison sentence on firearm-related charges, a development that could carry significant political consequences for the party’s leadership.

Malema was sentenced on Thursday at the East London Magistrate’s Court after being convicted on multiple counts linked to a 2018 incident at Mdantsane Stadium. His application for leave to appeal the conviction was denied by Magistrate Twanet Olivier, with the matter expected to proceed to the Makhanda High Court.

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The charges fall under provisions of the Firearms Control Act 60 of 2000, which regulates the possession, handling and discharge of firearms in South Africa.

He was found guilty of unlawful possession of a firearm, for which he received five years’ imprisonment, and unlawful possession of ammunition, for which he received a two-year sentence. He was also fined R20 000 for discharging a firearm in a built-up area, R20 000 for failing to take reasonable precautions to protect persons or property, and R20 000 for reckless endangerment.

Malema was further declared unfit to possess a firearm and ordered to surrender any firearms in his possession to police authorities.

For counts three, four and five, he faces an alternative six-month prison term should the fines not be paid.

The court heard that the convictions stem from an incident on 28 July 2018, when Malema allegedly fired celebratory shots during the Economic Freedom Fighters’ fifth anniversary rally at Mdantsane Stadium, attended by more than 200 people.

During proceedings, Olivier rejected the defence’s characterisation of the incident as “celebratory shots,” saying the discharge of a semi-automatic firearm in a crowded public space could not be minimised. She described the defence’s argument as “nothing more than sugarcoating.”

Olivier also raised broader concerns about the implications of the case for court resources and access to justice, remarks strongly challenged by Malema’s senior counsel, Advocate Laurence Hodes. Hodes argued that the magistrate had misdirected herself by introducing considerations unrelated to the facts before the court, including issues of court administration and public service pressures.

He further argued that there was no evidence of injuries, property damage or public panic arising from the incident, and said the court had placed undue weight on the perceived seriousness of the conduct. Hodes also accused the court of conflating legal reasoning with broader social and political commentary, which he said was inappropriate at sentencing stage.

Following the ruling, Malema addressed supporters outside court, saying the judgment failed to properly engage with the arguments presented by the defence. He alleged that key submissions in his court papers were not adequately considered and suggested the proceedings were influenced by improper considerations, claims he said would be pursued through formal channels.

The convictions and sentence come amid heightened scrutiny of Malema’s political conduct and could raise questions about his eligibility and continued leadership of the Economic Freedom Fighters should the appeal fail.

Malema remains out on warning pending the outcome of the appeal process.

READ MORE HERE: Julius Malema Sentenced to Five Years Imprisonment Today