Economic Freedom Fighters (EFF) leader Julius Malema (CR) and his wife Mantwa Malema (CL) leave the KuGompo City Regional court in East London on April 15, 2026 following his sentencing for firing an assault rifle at a rally eight years ago.
JOHANNESBURG - When Magistrate Twanet Olivier, who presided over Julius Malema's firearm discharge case, handed down her sentence at East London Regional Court on Thursday, two realities could have hit the red beret leader.
On one hand, Malema could have traded his suit and tie for an orange prison uniform, on the other hand, he could have gone home with a suspended sentence or a fine.
Instead, he went home under the cloud of an appeal hanging over him
Olivier sentenced him to an effective five years behind bars. On Thursday, he got to go home with his family, but his future is still unclear.
This, after he was granted leave to appeal his five-year direct imprisonment sentence for unlawful possession of a firearm.
READ | EXPLAINER | Malema granted leave to appeal sentence, not conviction
The appeal outcome allows him to be free, at least for now, as his matter moves to a different stage - the High Court.
Legal expert Zola Majavu explained how Malema’s legal team was way ahead of the curve.
"My respect for his legal team is on steroids because they anticipated that to ensure that he goes home, they would have had to be ready with the application for leave to appeal, which they brought immediately. Otherwise, if they had not done so, they would have had to do that within 14 days," he said
According to Majavu, normally, a leave for appeal application is moved within 14 days of the handing down of a sentence.
During that time, they are called an inmate because they are detained as a convicted and sentenced person.
But this was not the case with Malema, as the 14-day period did not even kick in because they brought the application almost instantaneously.
"An appeal is not automatic. That is why you have to bring an application for leave," Majavu added.
Magistrate Twanet Olivier sentenced Malema to a five-year direct prison term for violating the Firearms Control Act.
Here is a breakdown of Malema's sentence: Count 1: Unlawful possession of a firearm - 5 years imprisonment Count 2: Unlawful possession of ammunition - 2 years imprisonment Count 3: Discharging a firearm in public – R20, 000 fine Count 4: Failure to take reasonable precautions to person or property - R20, 000 fine Count 5: Reckless endangerment to person or property - R20, 000 fine Counts 3, 4, 5 have an alternative of 6 months in prison if he can’t afford to pay the fines. |
While he was granted leave to appeal his sentence, his application to appeal his conviction was denied.
Majavu said if the team wants to put in a leave to appeal against the conviction, the timeline in that regard would be 21 days.
Majavu praised Malema’s legal team for anticipating all possible scenarios and planning and executing for each.
READ | Malema’s release not unusual, says legal expert
With Malema now released on a warning pending the outcome of his appeal, questions still remain on whether or not he maintains his role as a Member of Parliament and if resume his parliamentary duties as normal?
The answer, according to legal analyst Jazz Vilakazi, is yes. This is because his sentences have not yet kicked in.
And as for Malema, he remains unshaken.
Addressing the crowd that gathered outside court in his support, Malema said they tried to defeat him, but they have failed.
READ | Malema’s release not unusual, says legal expert
They failed today, they will fail, and they will fail in the near future. The sooner they accept it, the sooner the better,” he told the crowd
As the road for Malema leads home, he said his focus will be on the work of the EFF as they prepare for the 2026 local elections.