Julius Malema Five-Year Prison Case Takes New Turn After High Court Decision

Economic Freedom Fighters leader Julius Malema has secured a significant legal development after the Eastern Cape High Court in Makhanda granted him leave to appeal his firearm-related convictions.

The decision gives Malema another opportunity to challenge the convictions arising from an incident at an EFF rally in Mdantsane, Eastern Cape, in July 2018. The High Court order, dated September 28, 2026, was issued after Judges Bantubonke Tokota and Murray Lowe considered Malema’s petition and the record of the proceedings. The matter can now proceed before a full bench of the Eastern Cape High Court.

Malema was found guilty in October 2025 of five firearm-related offences. The charges included unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up or public area, failure to take reasonable precautions to prevent danger to people or property, and reckless endangerment. The case originated from the EFF’s fifth-anniversary rally at Sisa Dukashe Stadium in Mdantsane on July 28, 2018.

Video footage from the event showed Malema apparently firing a rifle into the air before a large crowd. During the trial, Malema disputed the prosecution’s case and maintained that the firearm involved was not a genuine weapon containing live ammunition. The trial court ultimately rejected his defence and convicted him.

In April 2026, the East London Regional Court in KuGompo City sentenced Malema to an effective five years’ direct imprisonment. He received five years for unlawful possession of a firearm and two years for unlawful possession of ammunition, while additional sentences were imposed for the remaining offences. The sentences were ordered to run concurrently, resulting in an effective five-year prison term.

At the time, the Regional Court granted Malema permission to appeal his sentence but refused his application to appeal the convictions themselves. His legal team subsequently petitioned the High Court, seeking permission to challenge the convictions.

The latest High Court decision changes that position by allowing Malema to take his challenge against the convictions before a full bench. Granting leave to appeal does not overturn the convictions or determine the eventual outcome of the case. Instead, it allows the convictions to be reconsidered through the appellate process.

The development means the long-running firearm case, which originated from an incident more than eight years ago, is set to continue through South Africa’s courts as Malema pursues his appeal.

https://x.com/MDNnewss/status/2104880471020576896

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