Julius Malema is not heading to prison just yet.
The Economic Freedom Fighters (EFF) leader has reportedly secured another crucial legal lifeline after the Eastern Cape High Court in Makhanda granted him leave to appeal both his conviction and his effective five-year prison sentence arising from the controversial Mdantsane firearm case.
The ruling on Monday means Malema can now take aim at the very conviction that put him on course for a lengthy prison term, not merely challenge the punishment handed down to him.
The High Court reportedly found compelling grounds for the matter to be considered by a Full Bench.
It is a significant development in a case that has followed the EFF leader for years and could have consequences extending beyond the courtroom.
Malema was convicted after the court found him guilty of five firearm-related offences stemming from the EFF’s fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in July 2018.
The explosive moment at the centre of the case was captured on video: Malema was filmed firing a rifle into the air at the political rally.
But Malema has consistently disputed the State’s version, maintaining that the firearm was a toy and denying that he committed the offences.
The trial court ultimately rejected his explanation.
In April, magistrate Twanet Olivier sentenced him to an effective five years behind bars after convicting him of unlawful possession of a firearm, unlawful possession of ammunition, unlawful discharge of a firearm, failing to take reasonable precautions to avoid danger to people or property, and reckless endangerment.
Olivier had previously allowed Malema to appeal his sentence but refused leave to appeal the conviction, maintaining the court’s decision to convict him.
Malema then took the fight to the High Court. Now, he has another opportunity to challenge both.
A case that has dragged on for years
The firearm case has been a long-running legal battle.
Malema first appeared in court in 2021, with the trial getting under way in 2022. The court heard evidence over 31 days before delivering the conviction in October 2025.
His former bodyguard, Adriaan Snyman, who was charged alongside him, was acquitted.
Olivier sentenced Malema to five years for unlawful possession of a firearm and two years for unlawful possession of ammunition.
He also received six-month sentences, with the option of a R20,000 fine, on each of the remaining three charges.
The sentences run concurrently, leaving him with an effective five-year prison term.
He was also declared unfit to possess a firearm.
For now, however, the prison gates remain at a distance.
Malema remains out of custody while his legal challenge proceeds.
More than just a criminal case
The stakes are potentially bigger than Malema’s freedom.
His sentence could also have implications for his position in Parliament.
A person sentenced to more than 12 months’ imprisonment without the option of a fine may be disqualified from serving in the National Assembly.
However, that issue only becomes relevant once the applicable appeal processes have been exhausted.
The State opposed his application.
The next chapter will now unfold before a Full Bench of the High Court.
