Julius Malema was found guilty on five firearm-related charges by the East London Magistrate’s Court on 1 October.
Malema has been charged with unlawful possession of a firearm, unlawful possession of ammunition, discharge of a firearm in a built-up area, failure to take reasonable precautions to person or property, and reckless endangerment to person or property.
According to Eastern Cape NPA Regional Spokesperson Luxolo Tyali, these charges stem from 28 July 2018 when Malema at an EFF Rally was seen firing a rifle in the air, which allegedly belonged to a security company of which Adrian Snyman, Mr Malema’s co-accused, was the director.
Tyali said since the matter was registered four years ago, the prosecution presented its evidence by calling 19 witnesses to prove its case beyond reasonable doubt. “After the state closed its case, Malema and Snyman subsequently made an application for a discharge in terms of Section 174 of the Criminal Procedure Act, which was dismissed by the court,” he added.
EFF response: Claims of political persecution
However, in a statement issued by the EFF, the party believes that the matter has been dragged for years without compelling evidence backing it. “It is no surprise that the state has pursued this matter to this point, for there have always been coordinated attempts to discredit and sabotage the EFF and its leadership.
“From the moment CIC Malema and the EFF fearlessly confronted corruption in the highest offices, demanded land expropriation without compensation, and exposed the capture of the state by both local and global capital, the system has sought to silence him by any means necessary,” the statement argued.
The statement further stated that the EFF is not surprised by the judgment, stating it will “engage the judgment further, seek comprehensive legal advice, and move with the intention to appeal this ruling, trusting that higher courts will expose the weaknesses and contradictions of this prosecution.”
The statement further read: “We also raise serious questions about the conduct of the magistrate, particularly the acceptance of hearsay evidence that was not tested in court. Such practices undermine the fairness and integrity of judicial proceedings.
“It is even more hypocritical and proves a political agenda, that accused number two who was alleged to have handed the firearm to the CIC has been acquitted of all charges, yet the individual he is accused of handing the firearm to has been found guilty. This proves that this was a witch hunt to target the President of the EFF and find him guilty no matter how irrational it may be.”
DA response: Welcomes conviction
Democratic Alliance (DA) Deputy Police Spokesperson Ian Cameron said in a statement today that the party welcomes the judgment of the East London Magistrates’ Court finding Julius Malema guilty of discharging a firearm in public without lawful cause.
“From the outset, video footage showed Malema firing a real weapon. I said so then because the recoil, muzzle flash, and handling were consistent with a live firearm. Today’s conviction confirms what was always obvious: Malema recklessly fired a gun into the air in front of thousands of supporters,” the statement read.
Cameron said that this case is not simply about Malema’s conduct, “but also about the culture of chaos, violence, and criminality that the leader of the EFF embodies and promotes. A man who fires live rounds at a political rally demonstrates exactly the kind of thuggery the EFF is prepared to unleash on South Africa. This reckless act was cheered on and excused by those who insisted it was a fake gun. Their deliberate lies were an attempt to shield a politician from accountability and to normalise lawlessness.”
“South Africa’s firearm laws are clear and apply equally to all. Ordinary citizens face prosecution daily for far less. If equality before the law is to mean anything, then Malema and his cronies must face the full consequences. No political leader should ever be allowed to incite violence or flaunt the law with impunity,” stated Cameron.
The matter has been adjourned to 23 January 2026 for pre-sentencing.
