Will Malema face jail time or a fine? South Africa waits on East London court

A country watching one courtroom

All eyes will be on the East London Magistrate’s Court on Friday as Economic Freedom Fighters leader Julius Malema returns to the dock, this time for pre-sentencing proceedings that could shape both his political future and the country’s faith in equal justice.

Malema was convicted of violating South Africa’s firearms laws after an incident at an EFF rally in 2018, where he fired several shots into the air. The court found him guilty of possessing an illegal firearm and acting recklessly in a way that endangered others. While the Firearms Control Act allows for a sentence of up to 15 years behind bars, many South Africans are split on whether a high-profile politician will actually serve time.

From political theatre to legal consequences

At the time, the gunshots were framed by supporters as part of the fiery theatrics that define EFF rallies. Critics, however, argued that the incident crossed a dangerous line in a country already grappling with gun violence. Years later, that moment has returned to haunt Malema, now carrying serious legal weight.

The sentencing phase comes amid broader public anxiety about accountability, particularly for politically connected figures. Recent allegations around pressure on law enforcement and state institutions have only intensified scrutiny on how the courts handle powerful individuals.

AfriForum warns against a “message of exemption”

Civil rights group AfriForum has been vocal in calling for a sentence that reflects the seriousness of the charges. The organisation argues that a fine would send the wrong signal to ordinary citizens who face harsh penalties for similar offences.

According to AfriForum spokesperson Jacques Broodryk, allowing Malema to walk away with a monetary penalty would reinforce the belief that politicians operate under a different set of rules. He maintains that the offence of illegal firearm possession alone warrants prison time and that anything less would undermine public trust in the justice system.

Solidarity, politics and claims of persecution

The EFF, meanwhile, has mobilised its supporters, urging them to show up in numbers for Malema, whom the party continues to frame as its commander-in-chief. Supporters are expected to gather outside court in a show of solidarity.

Adding fuel to the political fire, Duduzane Zuma has publicly backed Malema, suggesting that the EFF leader is being selectively targeted. His comments have resonated with those who believe the case is less about the law and more about silencing outspoken political figures.

What’s really at stake for Malema and the EFF

Political analyst Theo Neethling from the University of the Free State believes the case goes far beyond one man. A prison sentence of more than 12 months without the option of a fine would bar Malema from Parliament, potentially leaving the EFF without its most recognisable leader.

Neethling argues that the party’s identity and strategy are closely tied to Malema’s personality, and his absence could create a leadership vacuum. While the EFF may use the case to rally supporters around claims of political persecution, critics counter that the conviction reinforces concerns about the party’s relationship with lawlessness and aggressive politics.

Security concerns heighten tension

Against this backdrop, AfriForum has also called for increased security at the court, particularly for Magistrate Twanet Olivier. The request follows recent violence outside the Booysens Magistrate’s Court in Johannesburg, where a deadly shooting raised serious questions about courthouse safety nationwide.

As South Africans debate whether Malema will face jail time or a lesser punishment, Friday’s proceedings have become a litmus test: not just for one politician’s fate, but for whether justice in South Africa truly applies to everyone equally.

{Source: The Citizen}

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