JOHANNESBURG, Thursday 16 April 2026 — Economic Freedom Fighters leader Julius Malema was granted leave to appeal his five-year prison sentence in a firearm case linked to a 2018 party rally, while his conviction remained in place.
The KuGompo Magistrate’s Court sentenced Malema to five years’ direct imprisonment after he was found guilty of firearm-related offences under the Firearms Control Act.
The court granted Malema leave to appeal the sentence, meaning the sentence will not take immediate effect while the appeal process continues. However, the court dismissed his application for leave to appeal the conviction itself.
What the case is about
The case relates to an incident at the EFF’s fifth anniversary celebration at Sisa Dukashe Stadium in Mdantsane in 2018.
Video footage from the event showed Malema firing what appeared to be a rifle during the rally. Malema denied wrongdoing and argued during the case that the firearm was not a real weapon.
The court rejected that argument when it convicted him in October 2025.
Charges against Malema
According to the National Prosecuting Authority, Malema was found guilty of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions, and reckless endangerment.
The NPA said the judgment reaffirmed its commitment to enforcing the law without fear or favour.
Malema’s co-accused, Adriaan Snyman, was acquitted of all charges, according to AP.
Sentence and appeal process
The court imposed a five-year sentence, with other sentences ordered to run concurrently, according to eNCA.
EWN reported that Malema was released on a warning after being granted leave to appeal his prison sentence.
The State had argued for a custodial sentence, while Malema’s defence sought a more lenient outcome. Reuters reported before sentencing that prosecutors had pushed for a 15-year prison term.
Political implications
The case has raised questions about Malema’s parliamentary position because South Africa’s Constitution bars a person from serving as a Member of Parliament if they are sentenced to more than 12 months’ imprisonment without the option of a fine, subject to appeal processes.
News24 reported that Malema remained an MP while the appeal process unfolded.
Malema is listed by Parliament as an EFF National Assembly representative and a representative on the Judicial Service Commission.
What happens next
The next stage will be the appeal process against the sentence.
If the sentence is upheld after the appeal process, the matter could have consequences for Malema’s parliamentary status. Until then, he remains outside prison and continues in his role as EFF leader.
The case remains one of the most closely watched legal matters involving a senior opposition leader in South Africa.