By JD GLOBAL MEDIA
The Makhanda High Court has granted Economic Freedom Fighters leader Julius Malema leave to appeal both his firearm conviction and his effective five-year prison sentence, overturning an earlier magistrate's ruling that had allowed him to challenge only the sentence.
The order, signed by Justices Tokota and Lowe and delivered on Monday, 28 September 2026, found that Malema's legal team had provided "compelling reasons" for the matter to be heard by a full bench of the High Court. The ruling was confirmed publicly on Tuesday, 29 September.
The decision means the merits of Malema's conviction—not merely the severity of his sentence—will now be scrutinised by a higher court.
The Conviction and Sentence
Malema was found guilty in October 2025 by the KuGompo City Magistrates' Court on five charges arising from an incident on 28 July 2018, when he was filmed firing a rifle into the air during the EFF's fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane, Eastern Cape.
The charges included unlawful possession of a firearm, unlawful possession of ammunition, discharge of a firearm in a built-up area, failure to take reasonable precautions to avoid danger, and reckless endangerment to persons or property.
In April 2026, Magistrate Twanet Olivier sentenced Malema to five years' direct imprisonment for unlawful possession of a firearm, with a concurrent two-year sentence for unlawful possession of ammunition and a R20,000 fine for discharging a firearm in a built-up area.
Malema was initially granted leave to appeal his sentence but was refused leave to appeal the conviction itself. His legal team subsequently petitioned the High Court directly.
The trial had been lengthy and procedurally complex. Malema first appeared in court in November 2019, but proceedings were repeatedly delayed, with the trial only beginning in March 2022. The court heard evidence over 31 days spread across more than seven years.
Malema's Defence and the State's Case
Throughout the trial, Malema denied the charges, claiming the rifle was a toy and that it did not put anyone's life in danger. His co-accused, bodyguard Adriaan Snyman, who was alleged to have handed Malema the rifle, was acquitted of all charges.
The state, represented by the National Prosecuting Authority, had argued that Malema's actions contravened the Firearms Control Act and endangered public safety. The NPA welcomed the sentencing in April, describing it as a demonstration that no one is above the law.
Magistrate Olivier, in her April ruling, stated that she stood by her sentence but acknowledged that another court could reach a different conclusion. "This court does not have any intention to stand in the way of such a possibility," she said, while still refusing leave to appeal the conviction itself.
The High Court's Decision
The High Court's decision to grant leave to appeal both conviction and sentence was based on a finding of "compelling reasons" following a petition by Malema's legal team. The order directs that the matter be heard by a full bench of the Makhanda High Court.
The EFF welcomed the ruling in a statement, saying the order "confirms that our legal ... for the matter to be heard by a higher court".
The full bench hearing will examine whether the magistrate's court erred in its factual findings and legal reasoning, particularly regarding the classification of the rifle as a firearm and the application of the Firearms Control Act to the circumstances of the 2018 incident.
The Legal Issues at Stake
The appeal raises several substantive legal questions. Central to the case is the classification of the weapon Malema discharged. Malema's defence maintained it was a toy, while the state successfully argued it was a functioning rifle capable of firing live ammunition.
The case also tests the application of the Firearms Control Act to public figures at political events. The legislation prohibits the discharge of firearms in built-up areas and imposes strict liability for unlawful possession. The magistrate's court found that Malema's conduct met the threshold for all five charges.
A full bench appeal will likely consider whether the magistrate properly applied the elements of each offence, whether the evidence supported the findings beyond reasonable doubt, and whether the sentence—particularly the direct imprisonment—was proportionate.
The concurrent nature of the sentences means Malema faces an effective five-year term if the conviction and sentence are upheld. He remains out on warning while the appeal process continues.
Political Context
The ruling comes at a politically sensitive moment for Malema and the EFF. Malema is facing renewed scrutiny following allegations linked to the Madlanga Commission of Inquiry, VBS Mutual Bank, and broader questions over accountability in public office. The commission, which is investigating criminality, political interference, and corruption in the criminal justice system, has been a source of significant political pressure.
The EFF leader has also been a prominent voice in national debates over land reform, economic policy, and the government's response to crime. His legal battles have periodically overlapped with his political activities, while the outcome of the appeal could affect his legal position as he continues to lead the party.
The timing of the High Court ruling is notable. It comes just days after South Africa was shaken by three mass shootings that killed dozens of people in less than a week, events that have intensified public debate about gun violence and the enforcement of firearms legislation.
Gun violence prevention expert Claire Taylor told media that Malema's sentencing had confirmed that nobody, including senior political leaders, was above the law. "South Africa has one of the highest levels of gun violence in the world, with more than 30 people shot dead every day," she said. "In this context, public figures have a particular duty to act responsibly. When they treat guns as props or symbols of power, they feed a culture in which firearms are glorified, and gun violence is normalised".
What Happens Next
The full bench of the Makhanda High Court will now hear argument on both the conviction and the sentence. No date has been set for the hearing, and the process may take several months given the complexity of the record and the number of charges involved.
Malema will remain free on warning pending the outcome of the appeal. If the High Court dismisses the appeal, he could seek to escalate the matter to the Supreme Court of Appeal or the Constitutional Court, depending on the legal grounds available.
If the appeal succeeds, the conviction may be set aside entirely, or the matter could be remitted to the magistrate's court for reconsideration. The High Court could also substitute its own verdict on the charges.
For the EFF, the legal proceedings represent both a legal challenge and a political issue. The party has consistently framed the prosecution as politically motivated, a claim the NPA has rejected. The full bench hearing will be closely watched as the court considers the legal issues arising from the conviction and sentence.
What Remains Unclear
Several questions remain unanswered. The High Court's order does not set out in detail the specific grounds on which leave was granted, leaving the precise legal issues the full bench will prioritise to be determined during the appeal proceedings.
It is also unclear how long the appeal process will take, though similar matters in South African courts can extend over lengthy periods. The composition of the full bench has not been announced.
Whether the outcome of the appeal will have any bearing on Malema's political career or the EFF's electoral prospects remains speculative. Malema has continued to lead the party and participate in parliamentary proceedings while the case has unfolded.
For now, the High Court's ruling ensures that the legal battle over one of South Africa's prominent political figures will continue into 2027 and potentially beyond.
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