South Africa’s member of parliament and EFF leader, Julius Malema, has received a five-year prison sentence for unlawfully discharging a firearm at a 2018 public gathering, with further sentences on related charges structured to run concurrently.
In respect of count 1, Malema was sentenced to five years’ imprisonment, on count 2 he was sentenced to two years, and on counts 3, 4 and 5 he was sentenced to pay R20,000 or to undergo six months’ imprisonment. The sentences will run concurrently in respect of count 1.
Malema’s attorney, Advocate Lawrence Hodes (SC), immediately indicated the intention to appeal the ruling and applied for leave to appeal.
Magistrate Twanet Olivier said discharging a firearm in a public area and calling it a celebratory shot was still a crime, no matter the reason.
“Clearly planning of this nature is against the law. How can we say it was not his intention to break the law in this instance? This is not the thinking of the court, it’s the facts presented before it. It was dangerous, it was the event of evil, and there lies the difference,” Olivier said.
“To reason otherwise is nonsensical, this is a decision that was made to obtain a rifle unlawfully and discharge it amidst the crowd. Since it’s confirmed this was a planned feature of the event, he knew of the risks and dangers but proceeded to fire the shots in celebration of the fifth birthday of the EFF, which is in contravention of the law.
“Such behaviour can’t be tolerated by the court in any instance or to further justify the commission of an offence as celebratory shots.”
The charges date back to 2018 when Malema was attending the EFF’s fifth birthday celebrations at a stadium in Mdantsane.
/file/attachments/orphans/ED_604206_126030.jpg "EFF supporters on Thursday 16 April 2026 waiting to hear their leader Julius Malema's fate. (Photo: Gallo Images / Randell Roskruge)")
The court found that he had taken an assault rifle from his former bodyguard Adriaan Snyman, and fired several shots into the air during the event.
The court rejected Malema’s claims that the assault rifle was a toy and fired blanks. He was found guilty of several crimes, including the unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area or public place and reckless endangerment of people or property.
Olivier said the commission of Malema’s offences was not insignificant.
“It’s not that the court that has singled out the accused, he did it himself in light of the position he holds as the commander-in-chief of the EFF. Also, it’s important to remember that it’s not the EFF that has been convicted, but an individual who happened to be the leader of the party.”
Olivier said the judiciary and the justice system would not be intimidated by politics.
“Crime has reached astronomical proportions in this country, and if this goes unchecked it will result in the perception that crime has no consequence in SA.”
@Daily Maverick (DM)
