The Julius Malema firearm case reached a critical stage on Wednesday as the Economic Freedom Fighters (EFF) leader appeared in the Magistrate’s Court in KuGompo City for pre-sentencing proceedings, drawing intense public attention and a heavy security presence.
Malema, who was found guilty in 2025 of contravening firearm laws, stood before the court as both the State and his defence team presented final arguments in aggravation and mitigation of sentence. The conviction stems from a widely circulated 2018 video showing Malema discharging a rifle in front of a crowd estimated at 20,000 supporters during a political rally.
Inside the courtroom, State prosecutor Advocate Joel Cesar delivered a scathing closing argument, describing Malema’s actions as reckless and dangerous. He told the court that the incident was not merely a lapse in judgment but a serious offence that undermines the rule of law.
“The show is over,” Cesar said, accusing Malema of blurring the line between politics and legality. He argued that the EFF leader had used what he termed “political theatre” and intimidation tactics to deflect accountability. Cesar urged the court to impose a strong sentence that would send a clear message to the public.
The National Prosecuting Authority, represented by Eastern Cape spokesperson Luxolo Tyali, confirmed that the State is pushing for a 15-year direct imprisonment sentence. Tyali said such a penalty would act as a deterrent and reinforce the seriousness of firearm-related offences.
“The objective is to discourage the unlawful use of firearms and ensure that no one is above the law,” Tyali stated outside court.
Malema’s defence, led by Advocate Tembeka Ngcukaitobi SC, strongly opposed the State’s position. Ngcukaitobi argued that the prosecution was misinterpreting the evidence and attempting to punish Malema for actions beyond the scope of his conviction.
“This is wrong,” Ngcukaitobi told the court. “The State seeks to sentence Mr Malema for something he has not been found guilty of.” He called for a non-custodial sentence, warning that imprisonment could inflame tensions and destabilise the political climate.
Outside the courthouse, the atmosphere was charged as hundreds of EFF supporters gathered in a show of solidarity. Dressed in the party’s signature red berets and T-shirts, supporters sang struggle songs, waved flags, and chanted slogans throughout the day. Many echoed the sentiment that their leader would not face the legal battle alone.
“President will never walk alone,” one supporter said. “We will be by his side until the end.”
Malema’s family, including his wife Mantoa Malema, his eldest son, and close relatives, were also present in court, offering visible support during the proceedings.
Security was significantly heightened, with members of the South African Police Service deployed from across the Eastern Cape and other provinces. Authorities remained on high alert amid speculation that unrest could erupt depending on the outcome of Thursday’s sentencing.
Earlier in the day, EFF Member of Parliament Sinawo Thambo downplayed concerns about the impact of a possible custodial sentence on the party. “The EFF doesn’t exist on the basis of individuals,” he said. “We don’t have any anxiety whether anyone could be in prison or die, that the organisation would fail to live on.”
Addressing supporters after the court session, Malema struck a defiant tone. He told the crowd that EFF members across the country stood firmly behind him and framed the case as politically motivated.
“We are here because of AfriForum, which wants to silence the voice of black people,” Malema said. He further alleged that powerful economic interests were driving efforts to suppress dissenting political voices.
“There is no doubt that capital has a central role in attempts to silence radical voices in South Africa,” he added. “We shall not be silenced under any circumstances.”
Malema also thanked supporters who had travelled to the Eastern Cape, urging them to remain peaceful and to return home after Thursday’s judgment. “They can imprison me, but they will never imprison my ideas,” he declared, drawing loud cheers from the crowd.
However, critics argue that the case is not about politics but accountability. Some have insisted that Malema must face the consequences of his actions, emphasising that no individual, regardless of status, is above the law.
Political analyst Dr Ongama Mtimka offered a measured perspective, noting that while Malema’s rhetoric reflects that of a liberation-style leader, the legal issue at hand is clear.
“It is a speech of a political leader,” Mtimka said. “But we should not forget that Julius Malema is not convicted for his ideas. He is convicted for indiscretion and the glorification of violence within a democratic system.”
The case has also reignited debate around the broader culture of firearm use at political and community events. Observers point out that celebratory gunfire has been witnessed at funerals and gatherings across various political formations, raising questions about consistency in enforcement.
Meanwhile, attention has also turned to Malema’s bodyguard, who allegedly handed him the firearm during the 2018 rally but was neither convicted nor present in court during the proceedings.
As the court adjourned on Wednesday, all eyes turned to Thursday, when sentencing is expected to be handed down. The outcome could have far-reaching implications, not only for Malema personally but also for South Africa’s political and legal landscape.
For now, the country waits as the court prepares to decide whether the EFF leader will walk free or face a lengthy prison term.
