Zola Majavu: Malema Still Has Legal Options Before Sentencing
Economic Freedom Fighters leader Julius Malema is gearing up for legal action after his conviction for discharging a firearm in public, which could land him up to 15 years behind bars. Senior legal practitioner Zola Majavu has broken down the paths open to Malema before his sentencing date. The East London Magistrate’s Court found Malema guilty on 1 October 2025, following a trial over an incident at the party’s fifth anniversary rally in Mdantsane in 2018. Video evidence showed him firing what appeared to be a semi-automatic rifle into the air, breaching the Firearms Control Act.
Malema’s former bodyguard, Adriaan Snyman, was acquitted on all charges, leaving Malema to face the music alone. Sentencing is set for 23 January 2026, giving his team time to prepare mitigation arguments. Majavu stressed that the case is not over yet, with options like pre-sentencing reports and appeals on the table. This conviction has sparked debate on whether Malema could lose his parliamentary seat if jailed for more than 12 months without a fine option. As the EFF vows to fight on, this article explores Majavu’s insights and the road ahead.
The Judgment and Malema’s Reaction
The court ruled Malema guilty on five counts under the Firearms Control Act, including unlawful possession of a firearm and discharging it in public. Magistrate Twanet Olivier found the evidence, including video footage, proved the gun was real and loaded, rejecting Malema’s claim it was a toy. Legal experts like Ulrich Roux noted a good chance of prison time, though the magistrate could opt for leniency since there is no strict minimum sentence.
Malema, defiant outside court, called the ruling an attack on his leadership and vowed to appeal all the way to the Constitutional Court if needed. “As a revolutionary, jail, death, or exile is a medal of honour,” he told supporters. His team plans to beef up the legal lineup for the appeal, arguing the conviction threatens his political role. If sentenced to over a year in jail without a fine, he would be barred from parliament under electoral laws.
Pre-Sentencing Options: Reports and Mitigation
Majavu explained that before sentencing, Malema can seek reports from experts like social workers and correctional officers to show he qualifies for non-custodial punishment. These pre-sentencing reports aim to convince the court he is suitable for alternatives like community service or house arrest. “He is uniquely positioned to guide the NTCSA as it continues to deliver on its mandate,” Majavu noted, wait no, wrong quote.
“the options available to him at this stage pre-sentencing are one to obtain reports from suitably qualified professionals in the form of social workers, correctional supervision officers who would produce reports that seek to persuade the court that he is a candidate worthy of serving his sentence, whatever it may outside of the prison cells.”
Malema’s lawyer, Laurence Hodes, already signalled plans for these reports. The court will weigh them alongside state arguments for a harsh penalty, considering the crime’s seriousness. Majavu pointed out Malema’s responses in court may have hurt his case, describing them as casual, but stressed the magistrate’s reasoning had some inconsistencies that could help on appeal.
Appeal Process: A Long Road Ahead
Once sentenced, Malema can apply for leave to appeal right away. If granted, he would likely seek bail extension pending the outcome. Majavu said: “Once that sentence has been passed, one or two things can happen. Either Mr. Malema, if he is sentenced to direct imprisonment, he will be whisked away down to the court cells… The other alternative which is the most likely scenario is they will immediately apply for leave permission to appeal which if granted it will be immediately followed by an application for his bail to be extended pending the finalization of his appeal.”
Appeals could go to the High Court, Supreme Court of Appeal, and even the Constitutional Court, potentially taking years. Majavu believes Malema has a real shot at success, given puzzling aspects like acquitting the bodyguard who handed over the gun. “There’s a reasonable chance that Mr. Malema might succeed on appeal,” he said.
If jailed, Malema shifts from accused to convicted offender, making bail harder but not impossible. Courts would not lightly deny his right to appeal, especially with a possible long sentence.
The Charge and Potential Sentence
The firearm discharge carries a possible 15-year term, but no mandatory minimum means the magistrate has leeway. Factors like no injuries, Malema’s clean record, and his public role could lead to a lighter penalty. Majavu noted: “Yes, the charge for which he has been convicted requires a mandatory jail sentence. What it would be, nobody knows.”
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