NEWS

EFF leader found guilty of discharging firearm and speaks of racism associated with his case

JULIUS Sello Malema should know, you make a bed you sleep on it!

The Economic Freedom Fighter leader was found guilty of discharging a rifle during a rally in Eastern Cape.

Handing down the judgment on Wednesday in the East London Magistrate’s Court, Magistrate Twanet Olivier’s ruling was Malema has been found guilty and could be sentenced to more than a year’s imprisonment without an option of a fine.

Malema was convicted after video evidence showed him discharging a rifle during an EFF rally. However, his security guard Adriaan Snyman was not found guilty on all charges.

Both Malema and Snyman faced allegations of contravening the Firearms Control Act, including the unlawful possession of a firearm and ammunition.

Magistrate Olivier also ruled that the defence failed to disprove the state’s case beyond a reasonable doubt.

Malema also questioned why Snyman was acquitted, though the courts had stated that he was the one who gave him the firearm.

“Now they are releasing him, which means he didn’t give me the firearm. Why are you not releasing me when you released a person who allegedly gave me the firearm?

By releasing accused number two, the whole case should have collapsed. But the racist was looking for me. That’s why they could not collapse the case,” he said.

Malema is expected to be sentenced in January 23 2026, and promised he will go all the way to the highest court in the land to appeal the decision.

This offence carries the possibility of a jail sentence of up to 15 years, though there’s no mandatory minimum, since the law states, ‘Under section 13 of the Firearms Control Act, it is an offence to discharge a firearm in a public place or built-up area, or in a manner likely to endanger people or property.’

‘JuJu’ as he’s known said the strategy has always been “you must try to charge Malema with everything.

The judgment, he said, was racist, “to appease the AfriForum, to appease the Oval Office of Donald Trump, to appease all the white supremacists of SA who want to undermine the dignity and the strength of black people”. 

Legal expert Shadi Maganoe, a lecturer at Wits school of law, said the court had the discretion to consider factors such as first-time offending, risk to the public, and evidence of remorse, and may impose a suspended jail sentence under section 297 of the Criminal Procedure Act.

“Importantly, section 47(1)(e) of the constitution provides that an MP is disqualified if convicted of an offence and sentenced to more than 12 months in jail without the option of a fine.”

Maganoe said this meant if Malema receives such a sentence, and all appeals are exhausted, he could lose his parliamentary seat for five years after completing the sentence.

“The sentencing will determine whether the court imposes a jail term or suspends it. Until then, he remains an MP, but the legal and political consequences are significant.”

The EFF fireband told crowd outside court he was determined to fight the verdict, even at the Constitutional Court.

Malema said he was singled out in the case, and was not afraid to go to prison. “She, Olivier, released accused number two, which is highly appreciated. Because we know that, from the beginning, they’ve been looking for me. They were not looking for accused number two. They were just playing games, and today they came out openly,” he said.

“As a revolutionary, going to prison or death is a badge of honour. We cannot be scared of prison. We cannot be scared to die for the revolution. So, whatever they want to do, they must know we will never retreat from our ideas.”

He warned his members should not be discouraged by the guilty verdict.  “We are coming on January 23 for sentencing. And after sentencing, we will immediately put an appeal so that we can go to the higher court because we think the judgment is faulty.”

His sympathisers believe this move could rally more support for the EFF that has seen its numbers dwindling, especially with local elections in 2026; yet on the other hand, this might be the beginning of the end of his political career.

Image (EFF leader Julius Malema, recorded alongside his bodyguard who has been released, could face a possible 15-year jail sentence).

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