Court Keeps Malema Conviction in Place but Opens Door to Sentence Appeal

EFF leader Julius Malema will move ahead with an appeal against his prison sentence after a court ruled that his conviction in the firearm discharge case will stand.

While the court refused to overturn the guilty finding, it did allow him to challenge the punishment that was handed down, meaning he remains out on bail for now.

Judgment Delivered in Eastern Cape Court

The ruling was handed down on Thursday, 16 April 2026, by Magistrate Twanet Olivier at the East London Regional Court sitting in KuGompo City in the Eastern Cape.

The decision marked a partial win for Malema, who had sought to appeal both the conviction itself and the sentence imposed on him.

Prison Term and Fine Form Part of Sentence

In sentencing, the court imposed five years behind bars for unlawful possession of a firearm and another two years for unlawful possession of ammunition.

On top of that, Malema was given the option of paying a R20,000 fine or serving six months in prison for discharging a firearm, failing to take reasonable precautions, and reckless endangerment.

The court also ruled that the additional counts would run at the same time as the five-year sentence. Malema was further declared unfit to possess a firearm.

Court Rejects Challenge to Conviction

After hearing submissions from both the prosecution and the defence, Olivier made it clear that she was not persuaded to revisit the guilty verdict. She said the court remained firm in its decision to convict Malema in the case.

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That means the conviction itself stays in place, even as the legal fight over the sentence moves to the next stage.

Leave to Appeal Sentence Granted

Although the conviction was upheld, the court agreed that the sentence could still be reconsidered by a higher court. Olivier granted leave to appeal the five-year prison term, indicating that another court might reach a different view on the punishment.

Because of that decision, Malema will not begin serving the sentence immediately and will stay out on bail while the appeal process unfolds.

Case Dates Back to 2018 Rally Video

The matter began after a widely shared video from July 2018 appeared to show Malema firing what looked like a rifle during the EFF’s fifth anniversary event at Sisa Dukashe Stadium in Mdantsane.

He was found guilty in October last year on five charges linked to the incident. Although Malema first appeared in court in August 2021, the trial only got underway in March 2022 after delays.

Long-Running Trial Spanned Years

According to Olivier, the case stretched over more than seven years, with evidence heard across 31 days. The court had already rejected an attempt by the defence in October 2023 to have the charges thrown out under Section 174, allowing the trial to continue toward its final outcome.

Impact and Consequences

The ruling keeps serious legal pressure on Malema, because the conviction remains intact and the sentence issue is now the main battleground.

Politically, the case is likely to remain in the spotlight given Malema’s prominence and the symbolism around firearms, public conduct and leadership.

The declaration that he is unfit to possess a firearm also adds a further consequence beyond the prison term itself. Even though he stays out on bail for now, the judgment ensures the matter is far from over.

What’s next?

The next major step will be Malema’s appeal against the sentence. A higher court will now have the opportunity to review whether the five-year prison term should stand, be reduced or be changed in some other way.

Until that process is complete, Malema will remain out on bail. The conviction, however, remains in force unless it is successfully overturned through a further legal process.

Summary

Julius Malema has failed to overturn his conviction in the firearm discharge case, but he has won the right to appeal the five-year prison sentence imposed on him.

The court kept the guilty finding in place, confirmed multiple penalties tied to the matter, and allowed him to remain on bail while the sentence appeal continues.

Bulleted Takeaways:

• Julius Malema’s conviction in the firearm case has been upheld.
• He has been granted leave to appeal the five-year prison sentence.
• He remains out on bail while the appeal process continues.
• The court sentenced him to five years for unlawful possession of a firearm.
• He also received two years for unlawful possession of ammunition.
• A fine of R20,000 or six months in prison was imposed on other related counts.
• The court declared him unfit to possess a firearm.
• The case stems from a 2018 video recorded at the EFF anniversary event in Mdantsane.
• Malema was found guilty last year on five charges linked to the incident.