Could Julius Malema go to prison? Firearms sentencing puts his political future at risk
Julius Malema
EFF leader Julius Malema is set to return to the East London Magistrate’s Court for a crucial pre-sentencing hearing, a legal moment that could dramatically alter both his personal political future and the leadership structure of the Economic Freedom Fighters (EFF) in Parliament.
Malema was convicted in 2025 on multiple firearms-related charges, stemming from a July 2018 incident during the EFF’s fifth anniversary celebrations in Mdantsane, where he was filmed firing a rifle into the air. With some offences carrying minimum sentences of up to 15 years, the upcoming hearing has intensified national political scrutiny.
What Julius Malema Was Convicted Of
The court found Malema guilty on five charges, including:
- Unlawful possession of a firearm
- Unlawful possession of ammunition
- Discharging a firearm in a public space
- Reckless endangerment
- Failure to take reasonable precautions
The convictions relate to an incident that prosecutors argued endangered public safety, despite Malema and the EFF maintaining that the case was politically motivated.
Why the Sentencing Hearing Is Critical
According to legal expert Ulrich Roux, the court will weigh three key factors before handing down a sentence:
- Malema’s personal circumstances
- The severity of the offences
- The broader message the ruling sends to society
A central issue will be whether Malema demonstrates genuine remorse. Roux warned that continued claims of political persecution, rather than accepting responsibility, could work against him during sentencing.
If convicted to more than 12 months’ imprisonment without the option of a fine, Malema would automatically lose his seat in Parliament under South Africa’s Constitution and be barred from holding office for five years.
READ ALSO
Julius Malema: 10 interesting things to know about South Africa’s top political figure
Could Malema Avoid Jail Time?
Malema is expected to submit a pre-sentencing report, usually compiled by a social worker or correctional services official, aimed at persuading the court to impose a non-custodial sentence.
Such reports typically argue for alternatives such as:
- Suspended sentences
- Fines
- Community service
However, Roux cautioned that refusal to show remorse could significantly increase the likelihood of direct imprisonment.
Political Fallout: What This Means for the EFF
The potential sentencing has already begun affecting parliamentary operations. Malema will miss ad hoc committee proceedings this week as he prepares for court.
The EFF has dismissed the ruling as “irrational and politically driven”, insisting the case reflects hostility toward the party rather than evidence-based justice. Deputy Secretary-General Leigh-Ann Mathys has been delegated to represent the party in Malema’s absence.
A prison sentence exceeding the constitutional threshold could trigger:
- A leadership vacuum in Parliament
- Internal restructuring within the EFF
- Renewed debates over the party’s long-term stability
Why This Case Matters Nationally
Beyond party politics, Malema’s sentencing is being closely watched as a test of accountability for high-profile political figures. The court’s decision will signal whether public office holders face the same consequences as ordinary citizens when convicted of serious offences.
With sentencing still pending, South Africa’s political landscape remains on edge.
FAQ
Will Julius Malema go to prison?
It depends on the court’s final ruling. If Malema is sentenced to more than 12 months in prison without the option of a fine, he could face direct imprisonment.
What charges was Julius Malema convicted of?
He was convicted of unlawful firearm and ammunition possession, firing a gun in public, reckless endangerment, and failure to take reasonable precautions.
Can Julius Malema lose his seat in Parliament?
Yes. South Africa’s Constitution disqualifies any MP sentenced to over 12 months’ imprisonment without a fine from holding office for five years.
Why is Malema’s sentencing politically significant?
Malema is the leader of the EFF. His removal from Parliament could reshape the party’s leadership and weaken its influence nationally.
Does the EFF believe the case is fair?
No. The EFF has described the ruling as politically motivated and maintains that Malema is being targeted for his political stance.
When will the final sentence be delivered?
After the pre-sentencing hearing, where aggravating and mitigating factors will be assessed before a final ruling is issued.
