EFF rank and file wait to hear the fate of their supreme leader Julius Malema when his sentence is handed down in KuGompo City in the Eastern Cape on Wednesday.
Image: File
The political future of Julius Malema hangs in the balance as the State pushes for a prison sentence of up to 15 years ahead of his sentencing in the Eastern Cape.
Malema is expected to appear in the magistrate’s court in KuGompo City on Wednesday, with proceedings set to continue into Thursday, as supporters and political observers await the outcome.
The leader of the Economic Freedom Fighters (EFF) was convicted in October last year of discharging a firearm during the party’s birthday celebrations in Mdantsane in 2018.
He faced multiple charges, including unlawful possession of a firearm and ammunition, reckless endangerment, and discharging a firearm in a public place. His co-accused and former bodyguard, Adriaan Snyman, was acquitted.
The case was brought before the courts after lobby group AfriForum laid charges under the Firearms Control Act.
According to court documents, the State is seeking a sentence ranging from a maximum of 15 years’ imprisonment to at least 10 years, partially suspended, along with fines on remaining counts.
Analysts say the implications of such a sentence extend far beyond the courtroom.
Political commentator Zweli Ndevu described the moment as pivotal.
“This is a crossroads for his political career,” Ndevu said, noting that a sentence exceeding 12 months without the option of a fine would disqualify Malema from holding public office.
“In the event that he is sentenced to prison time, he will have no choice but to resign from Parliament.”
Outside the courtroom, tensions are rising. Hundreds of EFF supporters gathered at Jan Smuts Stadium on Tuesday night, expressing solidarity with their leader.
Mahlatse Dlamini, chairperson of the UCT EFF Youth Command, warned of national instability should Malema be jailed.
Meanwhile, the party has maintained a composed public stance.
EFF spokesperson Sinawo Thambo confirmed the party is prepared to challenge any harsh sentence.
“We have been informed that the State will be pursuing a custodial sentence of 15 years and, should that be the case, we will oppose it and immediately appeal,” Thambo said.
“We are confident in our case for appeal and are additionally confident that the president and commander-in-chief will be available to continue with the great work he does for the people of South Africa.”
Earlier this year, Malema’s legal team argued for leniency during sentencing proceedings, calling social worker Jessie Thompson, who compiled a pre-sentencing report.
Thompson testified that Malema had no intention to cause harm when he fired shots into the air and recommended a fine instead of imprisonment.
Malema has consistently maintained his innocence, claiming the firearm used was a toy — a version rejected by the court.
Legal expert Ulrich Roux noted that the offences do not fall under the Minimum Sentences Act, leaving sentencing entirely at the discretion of the magistrate.
Roux said the court must weigh Malema’s personal circumstances, the seriousness of the offence, and the broader message the sentence would send to society.
“One factor that may count against him is the absence of remorse,” Roux said, pointing out that Malema continued to deny wrongdoing despite the court dismissing his defence.
Ballistic evidence presented during the trial confirmed that live ammunition had been discharged.
While the State is pursuing a lengthy custodial sentence, Roux suggested that a fully suspended sentence coupled with a fine remains a likely outcome, given Malema’s lack of previous convictions.