Malema vows to appeal against gun conviction as possible prison sentence looms

Economic Freedom Fighters (EFF) leader Julius Malema has vowed to appeal against his conviction on multiple gun charges after he was found guilty on five counts in the East London Magistrate’s Court on Wednesday, 1 October 2025. 

Ending a marathon judgment that began on Monday, Magistrate Twanet Olivier found Malema guilty on charges including the unlawful possession of a firearm‚ unlawful possession of ammunition‚ discharging a firearm in a built-up area or public place, and reckless endangerment of people or property.

Malema was accused of firing shots from an assault rifle during the EFF’s fifth birthday celebrations at the Sisa Dukashe Stadium in Mdantsane, Eastern Cape, in 2018. Malema claimed the firearm was a “toy gun” and that the weapon was loaded with blanks.

Malema got the gun at the event from his former bodyguard Adriaan Snyman, his co-accused in the case. Snyman was found not guilty of failing to take reasonable precautions to avoid danger to people or property, and providing a firearm/ammunition to a person not allowed to possess it.

Read more: After seven years, court is to finally deliver judgment in Julius Malema’s firearm case

The minimum prescribed sentence for the unlawful possession of an automatic or semi-automatic firearm is 15 years in prison, although courts can impose a lighter sentence depending on the circumstances.

The court will sentence Malema on 23 January 2026.

Addressing supporters, Malema claimed there was a conspiracy to charge him.

“We know from the beginning they were looking for me, they were not looking for accused number two. They were just playing games and today they came out openly,” said the EFF leader.

“As a revolutionary, going to prison or death is a badge of honour… Whatever they want to do, they must know that we will not retreat from the ideas and the seven cardinal pillars of the EFF.”

AfriForum lodged the case against Malema under the Firearms Control Act. Without providing evidence, the EFF leader claimed the ruling was made to appease AfriForum, US President Donald Trump and “the white supremacists of South Africa”.

After lobbying from groups such as AfriForum, the Trump administration has pointed to Malema’s singing of “Dubul’ ibhunu” as justification for its claim that minorities are persecuted in South Africa. 

Read more: Trump’s Oval Office drama: Unpacking the misleading claims about South Africa’s ‘white genocide’

“We are not fighting the case, we are fighting racism,” said Malema on Wednesday before singing the controversial “kill the boer, kill the farmer”.

During her judgment, Olivier said viral footage of the shooting incident had not been authenticated so it could not be introduced as evidence. Footage from the live events company Gearhouse, however, was ruled admissible. 

Olivier was critical of Malema’s testimony during cross-examination, saying he evaded questions that warranted replies.

National Prosecuting Authority (NPA) Eastern Cape spokesperson Luxolo Tyali said, “We welcome the judgment as it was based purely on the evidence that was presented in court.”

Tyali conceded the NPA hadn’t satisfactorily proved aspects of the case against Snyman, which is why they asked the court to charge him with being an accessory after the fact, which the court rejected.

“But we are glad that Mr Malema has been found guilty because there was a law that was broken in full view of the public by an influential person. We believe this conviction will show other people who handle firearms recklessly in public places that such an offence is prosecutable and punishable.” DM