MAKHANDA, Tuesday 29 September 2026 — The Eastern Cape High Court has granted EFF leader Julius Malema leave to appeal his firearm convictions, allowing a full bench to reconsider both the guilty verdicts and his effective five-year prison sentence arising from the firing of a rifle at an EFF rally in Mdantsane.
The ruling expands the scope of Malema’s appeal after the KuGompo Regional Court previously allowed him to challenge his sentence but refused him permission to appeal the convictions themselves.
Malema remains out on warning while the appeal process continues. EWN
The High Court found there were compelling reasons for the convictions to be considered on appeal.
The matter will now proceed before a full bench of the Eastern Cape High Court in Makhanda. EWN
Malema can now challenge convictions themselves
Malema was convicted in October 2025 on five firearm-related charges stemming from an incident during the EFF’s fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in July 2018.
The offences included unlawful possession of a firearm, unlawful possession of ammunition, unlawful discharge of a firearm, failure to take reasonable precautions to avoid danger to a person or property and reckless endangerment. IOL
Malema denied the charges during his trial and maintained that the firearm involved was a toy or prop.
The trial court rejected that version.
His former bodyguard Adriaan Snyman, who was charged alongside him, was acquitted.
Five-year effective prison term remains under appeal
In April, Magistrate Twanet Olivier sentenced Malema to five years’ direct imprisonment for unlawful possession of a firearm.
He received a concurrent two-year sentence for unlawful possession of ammunition.
For the remaining offences, the court imposed six-month prison terms with the option of R20,000 fines.
The sentences were ordered to run concurrently, leaving Malema with an effective five-year term of imprisonment. IOL
Olivier subsequently granted Malema permission to appeal the sentence but refused leave to challenge his convictions.
Malema then petitioned the High Court for permission to appeal the convictions.
The State opposed that application.
The High Court has now granted it, meaning both elements of the case can be reconsidered on appeal. EWN
Ruling significant for Malema’s political position
The outcome has implications beyond the criminal proceedings because Malema is both leader of the EFF and a member of the National Assembly.
Section 47 of the Constitution disqualifies a person from membership of the National Assembly if they are convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, subject to the applicable appeal process.
Malema’s effective sentence exceeds that threshold.
However, the constitutional consequence does not take effect while the conviction or sentence remains subject to appeal.
Malema therefore remains an MP while his appeal proceeds.
The High Court’s latest ruling does not overturn Malema’s convictions or sentence.
It gives him permission to ask a full bench to do so.
Case dates back to 2018 EFF rally
The prosecution arose from the EFF’s anniversary rally at Sisa Dukashe Stadium, where Malema was filmed firing what the State said was a rifle into the air.
The incident occurred in front of a large crowd during the party’s celebrations.
Malema’s trial began several years later and involved 31 days of evidence before the guilty verdicts were delivered in October 2025. IOL
Following sentencing in April, Malema criticised the judgment and made clear that he intended pursuing further appeals.
His lawyers have now succeeded in clearing the procedural hurdle that prevented the convictions themselves from being considered by the High Court.
The next stage will be the substantive appeal before a full bench, which will determine whether the convictions and sentences imposed by the regional court should stand.
