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Julius Malema dodges immediate jail as court allows appeal on five-year sentence
Julius Malema has scored a partial legal victory after the court allowed him to appeal his five-year prison sentence.
The Economic Freedom Fighters leader was sentenced by Twanet Olivier at the East London Regional Court on Thursday, 16 April 2026, following his long-running firearm discharge trial.
Olivier had earlier handed down a five-year sentence for unlawful possession of a firearm, alongside additional penalties including two years for ammunition possession and fines or alternative jail time for discharging the weapon and related offences.
The sentences were ordered to run concurrently, effectively leaving Malema with a five-year term, and he was declared unfit to own a firearm.
Malema wasted no time in challenging both the conviction and the sentence.
While the magistrate made it clear she was not reconsidering her findings on guilt, she opened the door for a higher court to weigh in on the punishment.
“This court abides by its decision as stated on record. This court has not had a change of heart and clearly stands firm on its decision to convict,” she said.
However, she acknowledged that another court could reach a different conclusion on sentencing.
“This court does not have any intention to stand in the way of such a possibility.”
As a result, Malema will remain free on warning while the appeal process unfolds, putting any immediate jail time on hold.
The case stems from a 2018 video filmed during the EFF’s anniversary celebrations at the Sisa Dukashe Stadium, where Malema was seen firing what appeared to be a rifle in front of supporters.
He was convicted on five counts in October last year, following a trial that stretched over several years, with delays pushing proceedings from his first court appearance in 2021 to a full trial that only began in 2022.
Despite attempts by the defence to have the charges dismissed earlier in the process, the court ultimately found him guilty.
