EFF leader Julius Malema has been sentenced to 5 years in jail.
Image: Itumeleng English / Independent Newspapers
EFF leader Julius Malema was sentenced to five years' direct imprisonment for firing a semi-automatic rifle at a rally in Mdantsane in 2018. However, he was immediately granted leave to appeal the sentence and released on warning, meaning he remains free pending the outcome of the appeal process.
Magistrate Twanet Olivier handed down the sentence at the KuGompo City Magistrate's Court on Thursday, April 16, 2026, but granted the defence's application to take the matter to the High Court.
The Sentence and Appeal
The effective term of imprisonment is five years. The sentence breakdown is as follows:
Magistrate Olivier ordered that Counts 3, 4, and 5 run concurrently with Count 1.
Crucially, Olivier denied Malema’s application for leave to appeal the conviction but granted the application for leave to appeal the sentence. Defence advocate Laurance Hodes requested Malema be released on warning pending the appeal, a request prosecutor Adv Joel Cesar did not oppose, and Olivier granted it.
Legal expert Ulrich Roux explained that Malema "is a free man who does not have to report to jail," and that the appeal process is expected to take two to three years. The political significance of the sentencing remains, as the Constitution states that a Member of Parliament sentenced to more than 12 months in prison without the option of a fine must vacate their seat.
Malema will only face imprisonment if a higher court ultimately refuses his application for leave to appeal the sentence.
Court Arguments and Reaction
During sentencing arguments, the state, led by Advocate Cesar, argued for a stiff penalty based on the seriousness of the offence, noting the incident was planned and deliberate, and that a .223 Remington round fired in a densely populated, built-up area carries real and foreseeable potential for mass injury. Cesar had opposed the appeal application, arguing there was "no reasonable prospect of success".
The defence, led by Advocate Tembeka Ngcukaitobi SC, argued that the appeal had "excellent" prospects of success. The non-custodial sentence sought by the defence was based on Malema being a first offender and a public figure whose imprisonment would have broader social and political consequences.
Addressing supporters outside the court, Malema launched an attack on the magistrate, accusing Olivier of racism and alleging she does not write her own judgments, claiming an "invisible hand" controlled the proceedings. He announced the EFF would report Olivier to the Magistrates Commission.
Malema also leveled three allegations of misconduct against prosecutor Adv Cesar, saying the EFF would push for his prosecution and discipline.
In contrast, the think tank and advocacy group Lex Libertas welcomed the sentencing, stating the ruling "reaffirms the principle that no public official is above the law". The civil rights organisation AfriForum, which initially laid the charges in 2018, also viewed the guilty verdict (delivered in October 2025) as a victory for accountability.