Julius Malema Granted Leave To Appeal Five-Year Firearm Conviction And Sentence

EFF leader Julius Malema has been granted permission to appeal both his conviction and effective five-year prison sentence arising from the firing of a rifle at an EFF rally in Mdantsane in 2018. The Eastern Cape High Court in Makhanda granted his application on Monday, finding compelling reasons for the matter to be considered by a Full Bench of the High Court.

The latest ruling expands Malema’s appeal options after he was previously given leave to challenge only his sentence. He was convicted on five firearm-related charges following a lengthy trial and sentenced to an effective five years’ direct imprisonment in April 2026.

Julius Malema Firearm Case: High Court Grants Conviction Appeal

The Julius Malema firearm case stems from the EFF’s fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane on 28 July 2018. Malema was filmed firing a rifle during the event, leading to criminal proceedings that eventually resulted in five convictions.

The charges included unlawful possession of a firearm, unlawful possession of ammunition and unlawful discharge of a firearm. He was also convicted of failing to take reasonable precautions to avoid danger to a person or property and reckless endangerment.

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Malema had maintained throughout the trial that the firearm was a toy or prop and denied the charges. His former bodyguard, Adriaan Snyman, who faced charges alongside him, was acquitted.

Julius Malema Five-Year Sentence: Why He Was Sent To Prison

The Julius Malema five-year sentence was handed down by Magistrate Twanet Olivier in April. He received five years’ imprisonment for unlawful possession of a firearm and two years for unlawful possession of ammunition, while the remaining three counts attracted six months’ imprisonment each, with the option of a R20,000 fine.

The sentences were ordered to run concurrently, resulting in an effective five-year prison term. Malema was also declared unfit to possess a firearm. He remains out of prison while the appeal process continues.

When Malema was sentenced, the trial court granted him leave to appeal the sentence but refused permission to challenge the convictions. Magistrate Olivier maintained the court’s decision to convict him, prompting Malema to take his conviction appeal to the High Court.

Julius Malema Appeal: EFF Leader Can Now Challenge Conviction

The latest Julius Malema appeal ruling means his legal challenge can now cover both the findings of guilt and the punishment imposed. The High Court considered his petition and the record of the proceedings before granting leave to appeal to a Full Bench.

Malema had argued in his High Court petition that the trial court made errors in assessing the evidence and applying legal principles. The State had opposed his application, arguing in earlier court papers that there were no reasonable prospects of another court reaching a different conclusion.

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The appeal also has implications for Malema’s position as a Member of Parliament. Under South Africa’s constitutional framework, a person can be disqualified from membership of the National Assembly after a conviction resulting in a sentence of more than 12 months’ imprisonment without the option of a fine, although the relevant consequence is subject to the completion of applicable appeal processes.

For now, Malema remains out of prison as his legal challenge proceeds. The latest High Court order means the conviction itself will now form part of the appeal proceedings alongside his sentence.