The National Prosecuting Authority (NPA) will argue for a prison term against Economic Freedom Fighters (EFF) leader Julius Malema following his conviction on firearm-related charges. The East London Regional Court postponed pre-sentencing proceedings to April 15 and 16. Malema remains defiant, vowing not to retreat from his principles.
In the East London Regional Court in the Eastern Cape, pre-sentencing arguments were heard against EFF leader Julius Malema on January 23, 2026. Malema was convicted in October last year of unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, and reckless endangerment. The incident took place during the EFF’s 5th anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in 2018.
The defense presented a report from social worker Jessie Thompson, who recommended a fine or suspended sentence rather than direct imprisonment. Thompson described the shooting as a 'celebration shooting' with no intent to harm, noting that no one was injured and highlighting Malema's nonviolent behavior, good public reputation, and charitable work. 'This was a celebration shooting. The intent was not to harm, even the position was for a very short time. We are removing someone from society that is positive to society. He is a family person. Removing people from society, if I look at that, look at the price society is paying,' she told the court.
The state challenged the report's validity, pointing out that Thompson spent only five hours assessing Malema. NPA spokesperson Luxolo Tyali stated that the prosecution would oppose any fine or suspended sentence and seek a custodial term. 'The postponement follows a presentation of pre-sentence report by a social worker that was appointed by the defense. Contrary to what the social worker recommended. The state will pray for custodial sentence, when arguing for appropriate sentence when the matter returns,' Tyali said.
Jacques Broodryk of AfriForum criticized the defense's approach as an attempt to sway the court for a reduced sentence. Political analyst Asanda Ngoasheng warned that a lenient outcome could undermine the rule of law. 'If he is able to get away with it, if the sentencing is light and it looks like it doesn’t disrupt his life in any way, (it) sends the message to South Africans that if you have a gun, you can shoot it and there’ll be no consequences. It also sends the message that being in political power makes you untouchable,' Ngoasheng said.
Addressing supporters outside court, Malema expressed unwavering commitment. 'The white people who brought us to this court, it is because they don’t like being challenged... No prison can make me retreat from my ideas. No death will threaten me to retreat from my ideas. Nobody will ever intimidate me and change me for who I am,' he declared. Malema added that the case stems from hatred for his advocacy for the marginalized, emphasizing the EFF's influence.
