Faith Nyasuguta
South African Economic Freedom Fighters (EFF) leader Julius Malema will have to wait at least three more months to learn whether he will go to jail after a court dissected his pre-sentencing report in a long-running firearm case. Malema, a prominent and polarising figure in South African politics, appeared at the East London Magistrate’s Court on Friday as his legal team and prosecutors debated mitigating and aggravating factors ahead of his final sentence, which is now scheduled for April 15, 2026.
Malema was convicted in October of several offences stemming from a 2018 rally where he fired shots into the air during the EFF’s fifth anniversary celebrations in Mdantsane, Eastern Cape, in violation of South Africa’s Firearms Control Act. The charges include unlawful possession of a firearm and ammunition, discharging a firearm in a public place, and reckless endangerment, offences that carry a possible prison term of up to 15 years under the law – though there is no mandatory minimum sentence.
Friday’s hearing was dominated by a detailed review of a pre-sentencing report compiled by a private social worker. The report painted a picture of Malema’s difficult upbringing and deep community involvement, arguing that his character, family responsibilities and charitable work justified a non-custodial outcome such as a suspended fine or alternative sanctions. The social worker also told the court that Malema had no criminal record since the 2018 incident and suggested several conditions, including restrictions on applying for a firearm licence and a donation to an anti-gun violence NGO.
Prosecutors, however, challenged elements of the report, questioning its thoroughness and emphasising the seriousness of discharging a firearm in a crowded public space. The state pushed back against recommendations for leniency, arguing that public safety and the need to deter similar conduct warranted a custodial sentence. These competing positions contributed to the court’s decision to defer sentencing to allow both sides to refine their arguments.
The courtroom itself reflected the high profile of the case, with large crowds of supporters and media spilling beyond the smaller courtroom initially designated for the hearing, forcing proceedings to be moved to a larger venue. Outside, EFF members in their trademark red berets gathered, showing Malema’s continued grassroots support.
Legal experts note that a sentence exceeding 12 months without the option of a fine could have broader political consequences for Malema, including potential disqualification from Parliament under South Africa’s Constitution, which bars MPs sentenced to significant prison terms without fines.
For now, the question before the court is not whether Malema’s conviction stands – that was settled last year – but what type of punishment best balances justice, public safety and the unique circumstances of one of South Africa’s most influential opposition leaders. The April hearing will determine whether he avoids incarceration or faces a near-decade-long absence from public office.
RELATED:
