Malema granted leave to appeal his conviction and sentence in firearm case

The Makhanda High Court has granted Economic Freedom Fighters (EFF) leader Julius Malema leave to appeal his conviction on firearm charges, marking a significant development in his ongoing legal battle.

Malema was found guilty of contravening the Firearms Control Act by the East London Magistrate’s Court last year. In April 2026, Magistrate Twanet Olivier sentenced him to an effective five years of direct imprisonment for the incident, which occurred during the party’s fifth-anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane in 2018.

While Malema was previously granted leave to appeal his five-year sentence shortly after it was handed down, his initial application to appeal the conviction itself had been denied by the magistrate. The High Court’s latest ruling now allows him to challenge both the conviction and the sentence before a full bench.

The charges against the EFF leader included the unlawful possession of a firearm and ammunition, the unlawful discharge of a firearm in a built-up area, failure to take reasonable precautions to avoid danger, and reckless endangerment to persons or property. Malema has consistently denied the charges, arguing that the rifle used was a toy and did not pose a danger to the public.

Malema remains out on warning while the appeal process continues. If the conviction and sentence are ultimately upheld, the EFF leader would face disqualification from serving as a member of Parliament under South African law, which bars individuals sentenced to more than 12 months in prison without the option of a fine from holding legislative office.