In a significant legal development, the High Court in Makhanda has granted Economic Freedom Fighters (EFF) leader Julius Malema leave to appeal both his conviction and five-year sentence for unlawfully possessing and discharging a firearm. The ruling, handed down on 28 September 2026, allows the full case to be referred to the Full Bench of the Eastern Cape Division for review.
Malema was convicted in April 2026 on charges of unlawful possession of a .223 Norinco assault rifle, discharging a firearm in a built-up area, failure to take precautions, and reckless endangerment. The charges stemmed from video footage showing him firing the weapon into the air at the EFF’s 2018 anniversary celebration at Sisa Dukashe Stadium in Mdantsane. He was subsequently sentenced to five years in prison, though the sentence was not immediately enforced pending the outcome of his appeal efforts.
Throughout the legal proceedings, Malema has maintained his innocence, insisting that the gun was a toy and that the footage was misinterpreted. His legal team argued that the magistrates’ court erred in its assessment of the evidence and that there were compelling reasons for the conviction and sentence to be reviewed by a higher court. The magistrates’ court had previously blocked the appeal against the conviction, prompting Malema’s legal team to approach the High Court.
The High Court’s decision to grant leave represents a significant procedural victory for Malema, who has consistently characterised the prosecution as politically motivated. The matter will now be heard by the Full Bench of the Eastern Cape Division, which will review both the conviction and the sentence. A date for the hearing has not yet been set.
The case has attracted widespread public interest, given Malema’s prominence as a political figure and the EFF’s vocal presence in South African politics. Supporters of the EFF leader have celebrated the High Court’s ruling as a step toward vindication, while critics have argued that the gravity of the charges, particularly the reckless discharge of a high-powered rifle in a public space, demands accountability regardless of political status.
As the legal battle continues, Malema remains free pending the outcome of the appeal. For now, the case is far from over, and its resolution could have significant implications for both Malema and the broader political landscape.
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