By Lehlohonolo Lehana.
The Economic Freedom Fighters (EFF) leader Julius Malema says he will appeal any sentence handed down by the KuGumpo Magistrates Court in his pre-sentencing that will begin tomorrow.
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.
Lobby group AfriForum brought the charges against Malema, and the matter has been sitting before Magistrate Twanette Olivier.
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.
Malema 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.
Malema says he is confident ahead of his pre-sentencing hearing on Wednesday, insisting that justice will prevail.
He was speaking on the sidelines of the Judicial Services Commission (JSC) interviews in Sandton on Tuesday, 14 April 2026.
However legal expert, Ulrich Roux, says his chances of succeeding in his appeal are slim.
Roux notes that Magistrate Olivier thoroughly evaluated all the evidence during the recap and delivered a reasonable conviction.
“Malema claimed the gun he fired was a toy, but both the ballistic expert and a witness confirmed they saw fire coming from the barrel. The ballistic expert evaluated the firearm and confirmed it was not merely a toy. Malema’s testimony did not help his case, especially when asked how many shots he fired and who handed him the gun,” Roux said.
Roux believes Malema’s appeal will rely entirely on the trial record, including testimony and evidence that could work against him.
Meanwhile the Gauteng High Court has ruled in favour of Malema in the matter against discredited social media commentator Musa Khawula.
The High Court has found that Khawula wrote defamatory, untrue and unlawful accusations about the President of the EFF and his wife Mantoa Matlala, regarding their marital status. The High Court has ordered Khawula to pay costs.