Malema faces possible jail time, judgement expected tomorrow in firearm case.

By Lehlohonolo Lehana.

The East London Magistrate’s Court will hand a judgement on Monday, 29 September 2025, in a case involving Economic Freedom Fighters (EFF) president Julius Sello Malema.

Malema is accused of unlawful possession of a firearm and ammunition,as well as discharging it. They are charged with six counts under the Firearms Control Act.

Malema and his co-accused, former bodyguard Adriaan Snyman, have pleaded not guilty.

In a video, Malema appears to be firing shots from an assault rifle during the EFF’s 5th anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane in the Eastern Cape.

But the video might not be sufficient evidence to secure a conviction.

If found guilty, Malema could face jail time of a minimum of 15 years.

According to the legal expert, the most serious charge would be the illegal possession of a firearm, which carries a minimum sentence of 15 years in prison. Discharging a firearm in a public space is punishable by a fine, while endangering the lives of others could carry a sentence of five years’ imprisonment.

The proceedings, which began in 2019, have seen multiple postponements, including one due to the presiding magistrate’s illness at the end of 2024. Closing arguments were finally heard on 21 July 2025, with the court reserving judgment until 29 September.

His defence team, led by Advocate Laurance Hodes, argued there is no direct evidence proving Malema fired a real firearm, pointing to inconsistencies in the state’s video analysis. Snyman’s lawyers called two expert witnesses in firearms control and forensic ballistics to support this claim, emphasising that no one at the rally reported feeling endangered or filed complaints immediately after the event.

The State concluded by countering the defence’s argument that the crowd did not react: “The submission that no one was scared was incorrect, as at least seven people had moved away when Malema had fired in their direction.”

The outcome could impact Malema’s political standing, especially amid ongoing scrutiny of his leadership and the EFF’s role in local politics.

A conviction could bar Malema from public office under South Africa’s electoral laws, which disqualify those sentenced to over 12 months’ imprisonment without a fine option. 

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