By Lehlohonolo Lehana.
Magistrate Twanette Olivier has sentenced the Economic Freedom Fighters (EFF) leader Julius Malema to five years in prison at the kuGompo Magistrate’s Court in the Eastern Cape.
Malema was found guilty of violating the Firearms Control Act regarding a 2018 rally and the state is calling for 15 years of direct imprisonment.
The case stems from the party’s fifth birthday celebrations, where Malema is accused of reckless endangerment after firing a rifle in front of thousands of supporters at Sisa Dukashe Stadium in Mdantsane in 2018.
Magistrate Olivier is also known for sentencing Sibongile Mani, a former Walter Sisulu University accounting student who mistakenly received R14 million from NSFAS, to five years direct imprisonment.
Malema was previously charged alongside his co-accused and former bodyguard, Adriaan Snyman, before Olivier dropped the charges against him due to insufficient evidence. Snyman was alleged to have handed over the rifle used in the incident.
He was convicted in October 2025 on five charges, and the sentencing outcome could have significant political implications, particularly for his position as a Member of Parliament.
If he is sentenced to more than 12 months in prison without the option of a fine, he could be disqualified from serving in the National Assembly. In terms of Section 47(1)(e) of the Constitution, Malema would only lose his seat in Parliament if he were sentenced to more than 12 months.
In delivering the sentence, Magistrate Olivier said Malema had deliberately violated firearm laws by shooting the gun at the EFF event.
“It wasn’t… an impulsive act,” the magistrate said. “It was the event of the evening.”
“In respect of count one, you are sentenced to a period of five years’ imprisonment. In respect of count two, you are sentenced to a period of two years’ imprisonment. In respect of count three, you are sentenced to R20 000 or to undergo six months’ imprisonment. In respect of count four, you are sentenced to R20 000 or to undergo six months imprisonment. In respect of count five, you are sentenced to pay a fine of R20 000 or to undergo six months’ imprisonment,” ruled Magistrate Olivier.
“In terms of section 280, subsection 2 of Act 51 of 1977, the court orders that the sentence imposed in respect of counts two, three, four and five run concurrently with the sentence imposed in respect of count one.”
Malema was also declared unfit to possess a firearm.
Magistrate Olivier said the shooting was premeditated rather than spontaneous.
“It is a grave concern to this court that an event was planned and that what appears to be the unique feature of the event ended up in the commission of an offence,” she said.
“It is clear that the planning included that the accused will possess or take possession of a semi-automatic rifle, fire a point a .223 Remington bullet into the air, thereby causing possible harm to person or property in a built-up area that is now called celebratory shots,” Olivier continued.
She rejected the characterisation of the incident as a harmless celebration, describing it as “sugarcoating”.
She said the plan included specific details about timing and location, and therefore, held Malema accountable for all five charges.
Addressing Malema’s political standing, Olivier stressed that the EFF leader was not singled out by the court, as “he has done so all by himself”.
She said the courts operate independently from politics.
“The two do not collide. The judiciary stays in its lane. The minds of jurists and the minds of a politician do not function on the same frequency at all; hence, the court is expected to remain independent.”
His legal representatives expressed their intention to appeal the sentences in a higher court and subsequently the magistrate granted Malema leave to appeal the sentence but application for leave to appeal the conviction was refused.