EAST LONDON – The political future of EFF leader Julius Malema hangs in the balance as he returns to the East London Magistrate’s Court today for pre sentencing in his firearm discharge case, with the possibility that a sentence of more than 12 months could see him automatically lose his seat in Parliament.
South African law bars anyone sentenced to more than a year in prison without the option of a fine from serving as a Member of Parliament, a fate that previously befell former president Jacob Zuma following his incarceration in 2021.
Malema’s court appearance is the latest chapter in a case that has followed him for more than seven years and now carries serious legal and political consequences.
The matter dates back to 28 July 2018 during the EFF’s fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane outside East London.
Video footage circulated widely on social media showing Malema apparently firing a firearm into the air while addressing thousands of supporters.
The footage sparked public outrage and prompted a criminal investigation.
Civil rights organisation AfriForum later laid charges, arguing that Malema had unlawfully discharged a real firearm in a crowded public space, endangering lives.
Malema was charged under the Firearms Control Act, including the unlawful possession of a firearm and ammunition and the negligent discharge of a firearm in a built up area.
After a lengthy trial marked by multiple delays and legal arguments, the East London Magistrate’s Court found Malema guilty in October last year.
READ: Julius Malema conviction: Mixed responses from political parties
The court rejected his defence that the firearm was a toy gun or incapable of firing live ammunition.
The magistrate ruled that the state had successfully proven that the weapon was real and that Malema’s conduct amounted to an unlawful and dangerous act.
Throughout the trial Malema maintained that the case was politically motivated and insisted that he had not committed any crime.
Following his conviction he described the ruling as an attack on radical political leadership and vowed to appeal the decision.
Malema appeared in court alongside his former bodyguard Adriaan Snyman, who was cited as the co accused.
Snyman faced charges related to allegedly providing Malema with a firearm and failing to prevent the unlawful discharge.
However Snyman was acquitted after the court found that the state had failed to prove its case against him beyond reasonable doubt.
What to expect at pre sentencing
Friday’s proceedings are expected to focus on pre sentencing formalities, including arguments in mitigation and aggravation ahead of the final sentencing phase.
The court will consider Malema’s personal circumstances, the seriousness of the offence and the broader public interest, particularly South Africa’s strict firearm laws and the dangers posed by discharging weapons at public gatherings.
Legal analysts say sentencing in terms of the Firearms Control Act can range from fines to direct imprisonment, depending on how the court weighs the risks involved and the need for deterrence.
If Malema is sentenced to more than 12 months imprisonment without the option of a fine, he would be constitutionally disqualified from serving in Parliament, a move that would deal a significant blow to the EFF and reshape opposition politics.
This would mirror the situation faced by former president Jacob Zuma, who lost his parliamentary eligibility after being sentenced to imprisonment for contempt of court.
Security has been heightened around the East London Magistrate’s Court, with large numbers of EFF supporters expected to gather in support of their leader.
Malema has insisted he will continue fighting the conviction through the courts, but as pre sentencing begins, the possibility of real consequences for his political career has never been more tangible.
Thousands of EFF supporters are expected to flood the streets of East London today in support of their leader.
