Julius Malema sentenced to five years imprisonment for 2018 firearm offences

EFF leader granted leave to appeal and retains parliamentary seat while legal process unfolds.

Economic Freedom Fighters leader Julius Malema was sentenced to five years' direct imprisonment by Magistrate Twanet Olivier at the KuGompo Magistrates' Court in the Eastern Cape last week, following his conviction in October 2025 on five counts relating to firearms offences¹². The charges stem from an incident at the EFF's fifth anniversary celebration at Siza Dukashe Stadium in Mdantsane in 2018, where Malema unlawfully possessed and discharged a semi-automatic rifle in a public place¹²⁶.

Malema was granted leave to appeal both his conviction and sentence²⁶. His legal team has indicated they will pursue the appeal, a process legal experts say could take years to resolve²⁶. Constitutional law scholar Dr Tanveer Jeewa from Stellenbosch University said Malema can continue serving as a Member of Parliament until his sentence is confirmed by the final appellate court, potentially as late as 2030 or 2032⁶.

Under the Constitution, a person sentenced to more than 12 months' imprisonment without the option of a fine is disqualified from serving as an MP, but no one may be regarded as having been sentenced until an appeal has been determined². Malema continues to serve on the Judicial Service Commission, which appoints judges²⁴.

Criminal defence attorney William Booth estimated the appeal process would take a minimum of two years, with administrative delays in preparing court records contributing significantly to the timeline². Legal expert Elton Hart noted that appeal courts typically avoid interfering with sentences imposed by trial courts, as lower courts are considered to have a better understanding of the facts⁶.

The Congress of Traditional Leaders questioned the fairness of the sentence, with President Kgoshi Mathupa Mokoena stating that many people who fired shots in the air during funerals and other activities or events had not been arrested⁵. Gun Free South Africa Executive Director Dr Stanley Maphosa said the sentence reinforces the rule of law and affirms that firearm use in South Africa is strictly regulated and subject to consequences⁵.

The EFF is the fourth-largest party in parliament¹.