Julius Malema, the leader of the Economic Freedom Fighters (EFF), is once again dominating the political conversation, and as usual, not without controversy. If you’ve been hearing his name in the news, here’s why.
It’s not a parliamentary clash or a rally speech making headlines, but a firearm conviction that’s been hanging over him for years. Malema was found guilty last year, yet he still hasn’t been sentenced, leaving many South Africans asking questions: what’s taking so long, could he actually go to jail, and could this cost him his seat in Parliament?
Malema’s political career has been marked by a steady stream of legal battles and headline-grabbing disputes, making it increasingly difficult to separate one controversy from the next.
So, let’s break it down.
What is Julius Malema on trial for?
This case goes back to 2018, when the EFF celebrated its fifth birthday at Sisa Dukashe Stadium in Mdantsane, in the Eastern Cape.
During the rally, video footage showed Malema firing a rifle into the air while standing on stage in front of a large crowd. The footage circulated widely online and sparked outrage, with many South Africans questioning the dangerous and irresponsible logic of discharging a firearm in a packed public space.
Following the incident, AfriForum laid criminal charges against Malema. He was prosecuted under the Firearms Control Act, which strictly regulates who may possess firearms and how they may be used.
Malema and his bodyguard were charged under the Firearms Control Act.
The charges included:
- Unlawful possession of a firearm
- Unlawful possession of ammunition
- Discharging a firearm in a built-up area
In simple terms, the case was about whether Malema’s actions broke South Africa’s firearm laws, regardless of the political context of the event.
What did the court find him guilty of?
In October 2025, the East London Magistrate’s Court found Malema guilty on all the firearm-related charges.
Malema’s defence argued that the rifle was either a ‘toy’ or a harmless prop and that he never intended to endanger anyone. The court rejected this argument, finding that the evidence (particularly the video footage) showed it was a real firearm capable of causing harm.
The court also ruled that Malema’s conduct was unlawful because firing a weapon in a public space poses an inherent risk to people nearby.
Malema’s bodyguard, who had been charged alongside him, was acquitted, meaning the court found there was not enough evidence to hold him criminally responsible.
Why hasn’t Julius Malema been sentenced yet?
If Malema has been found guilty of the charges, why hasn’t he been sentenced yet?
Because conviction and sentencing are two separate stages in criminal proceedings.
After a guilty verdict, courts usually allow time for a pre-sentencing phase. This is when both the defence and the prosecution present arguments about what sentence would be appropriate, taking into account factors like the seriousness of the offence, the personal circumstances of the accused, and the wider public interest.
In Malema’s case, this process started in January 2026, but the court decided it needed additional time to consider the information presented. As a result, sentencing has been postponed to April 2026.
What happened at the pre-sentencing hearing?
The pre-sentencing hearing in January quickly became a major political event.
Large numbers of EFF supporters gathered outside court in East London, turning the area into a sea of red. Inside court, the focus was on a social worker’s report submitted by the defence.
This report argued that Malema should not be sent to prison, pointing to his personal background, leadership role, and the potential social impact of jailing a prominent political figure.
The prosecution challenged this report, arguing that it did not sufficiently address the seriousness of the offence. The magistrate then decided to postpone the matter to April so that all arguments could be properly weighed.
What sentence is the defence asking for?
Malema’s legal team is asking the court to impose a non-custodial sentence, meaning no jail time.
- Their argument is based on several factors:
- This is Malema’s first criminal conviction
- He is a public figure with significant political and community responsibilities
- Imprisoning him would have broader consequences beyond the individual
Alternatives such as a suspended sentence, fine, or community service would still mark the seriousness of the offence
In essence, the defence says punishment should be firm, but not severe enough to involve imprisonment.
What sentence is the state pushing for?
The state strongly disagrees.
Prosecutors argue that firearm offences are inherently serious, especially when they involve firing a weapon in a crowded area. They say Malema’s political status should not shield him from accountability.
The prosecution has warned that a lenient sentence could undermine public confidence in firearm laws and send the message that influential figures are treated differently from ordinary citizens.
What sentences are legally possible?
The court has several options:
- Non-custodial sentence
- A fine or suspended sentence. Malema would avoid prison and remain in Parliament.
- Custodial sentence under 12 months
- Jail time, but short enough (or with the option of a fine) that he could still legally serve as an MP.
- Custodial sentence over 12 months without a fine option
- This would have major legal and political consequences.
Could this really cost Malema his seat in Parliament?
Yes, but only if the harshest option is imposed.
The Constitution states that an MP sentenced to more than 12 months in prison without the option of a fine must vacate their seat.
So while jail time is one risk, the bigger political question is whether the sentence crosses that constitutional threshold.
What if Malema doesn’t accept the outcome?
Malema has already indicated that he will appeal if he receives an unfavourable sentence.
He has said he is willing to take the case through the higher courts, including the Constitutional Court, which could significantly extend the legal process.
Is this the only legal trouble Malema is dealing with?
No.
Malema has a long history of legal and political battles, including hate speech cases and repeated confrontations with civil society organisations. His confrontational style has consistently pushed legal and political boundaries.
This firearm case, however, is the most serious in terms of its potential consequences.
So what happens next?
The next major milestone is April 2026, when the court is expected to finalise sentencing.
Until then, Malema remains a convicted politician whose future, both legally and politically, is still uncertain. What the court decides next could shape not only Malema’s career, but also the broader opposition landscape in South African politics.
Emma is a freshly graduated Journalist from Stellenbosch University, who also holds an Honours in history. She joined the explain team, eager to provide thorough and truthful information and connect with her generation.
