The leader of the Julius Malema and head of the Economic Freedom Fighters (EFF) is set to be sentenced today after being found guilty of multiple firearm-related offences stemming from a 2018 rally in Mdantsane, Eastern Cape.
Malema was convicted in October 2025 on charges of unlawful discharge of a firearm, unlawful possession of a firearm and ammunition, and reckless endangerment. The court heard that the incident occurred during a public gathering, where the discharge of the weapon raised serious safety concerns.
The sentencing, which had previously been postponed to allow for pre-sentencing submissions, now reaches a critical stage. Among the considerations before the court is a report compiled by a social worker recommending a non-custodial sentence.
During proceedings, Malema’s legal team argued that the firearm was discharged in a celebratory manner and not with intent to harm. The defence proposed alternatives to imprisonment, including a suspended fine, a ban on firearm ownership, and community-based contributions. They also highlighted Malema’s role as a public figure and political leader, urging the court to consider his influence and service.
However, the state has taken a firm stance, arguing that the seriousness of the offences warrants direct imprisonment. Prosecutors are reportedly seeking the maximum possible sentence of up to 15 years, stressing the risks associated with firing a weapon in a crowded public space.
The outcome of the sentencing carries significant political implications. In terms of South African law, any Member of Parliament sentenced to more than 12 months in prison without the option of a fine is disqualified from holding office. A custodial sentence of that nature would therefore force Malema to vacate his parliamentary seat.
Such a development could have far-reaching consequences for both Malema and the EFF, potentially reshaping the party’s leadership dynamics ahead of future political contests.
Malema has indicated that he will appeal any unfavourable ruling, a move that could see the matter escalate through higher courts, including the Constitutional Court of South Africa.
