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EFF supporters await judgment as Malema's firearm case stalls

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EFF supporters await judgment as Malema's firearm case stalls
3 October 2025 Vusumuzi Moyo

Background: The 2018 rally that sparked a legal firestorm

The July 2018 gathering was meant to be a showcase of the EFF’s growing muscle on the Eastern Cape stage. Video footage that went viral showed Malema hoisting what appeared to be an AK‑47 and pulling the trigger, sending a puff of smoke skyward. The image, broadcast on YouTube and shared millions of times, became an instant symbol of the party’s confrontational flair. While the EFF insists the gun was merely a prop – a starter pistol without live rounds – prosecutors argue the act violated the Firearms Control Act, which forbids discharging any weapon in a built‑up area.

Court proceedings: A timeline of twists and delays

Legal battles began in late 2018, with the state filing charges against Malema and Snyman in the Eastern Cape High Court. Over the next three years, the case ping‑ponged between the High Court and the Regional Court, as both sides filed motions to admit video evidence, call expert ballistics testimony, and challenge the definition of a “firearm” under South African law.

In December 2022, Advocate Nceba Nteleki, representing the State, warned that "the reckless nature of the act, regardless of the weapon’s authenticity, endangers public safety and sets a dangerous precedent for political rallies". The defence, led by senior counsel Hannah Mthembu, countered that live ammunition was never present, citing forensic reports that found no bullet residue on the barrel.

In March 2024, the court imposed a provisional hearing date for judgment, but Magistrate Twanet Olivier postponed it three times, citing the need to review newly submitted expert analyses. As of September 2025, the magistrate announced a further adjournment to allow both parties “additional time to consolidate their arguments”, promising a written decision in the coming weeks.

Reactions on the ground: EFF supporters versus critics

Outside the courthouse, the scene resembled a mini‑concert. Supporters sang liberation songs, waved oversized red flags, and chanted “Malema must go free!”. Notable figures such as Floyd Shivambu, Deputy President of the EFF, stood shoulder‑to‑shoulder with Secretary‑General Marshall Dlamini and National Chairperson Veronica Mente, projecting a united front.

Human rights groups and opposition parties were less enthusiastic. The Democratic Alliance’s spokesperson, Julius Grayson, warned that “political theatrics should never trump public safety”. The ANC’s provincial chair in the Eastern Cape, Lebo Nkosi, called the trial “a test of South Africa’s rule of law”.

Legal implications: What’s at stake for South African politics?

If convicted, Malema could face a fine of up to R1 million or imprisonment for up to five years, as stipulated by Section 47 of the Firearms Control Act. Beyond personal punishment, the case could reshape how South African courts interpret “firearm” in the context of political symbolism.

Legal scholars, such as Professor Thabo Mkhize of the University of Cape Town, note that a verdict upholding the charges would signal a stricter stance on public safety, potentially curbing future political stunts involving weapons. Conversely, an acquittal could embolden other leaders to adopt similar theatrics, arguing “artistic expression” as a defence.

Future outlook: How the judgment could reshape the EFF’s fortunes

Future outlook: How the judgment could reshape the EFF’s fortunes

The timing of the decision is critical. South Africa is gearing up for the 2026 local elections, and the EFF is positioning itself as the radical alternative to the ANC‑led government. A conviction could dent the party’s momentum, especially if Malema is barred from holding public office for a period.

Inside the party, senior figures are already plotting contingencies. In a private briefing attended by Shivambu and Dlamini, the strategy was clear: “If Julius is sentenced, we amplify the narrative of political persecution and rally the base around the theme of ‘justice for the oppressed’,” an insider reported.

Historical context: From youth league firebrand to national figure

Malema’s journey began in the African National Congress Youth League, where he served as president before being expelled in 2012 for “insubordination”. He founded the EFF in 2013, promising land expropriation without compensation and nationalisation of key industries. Since then, the party has grown from a fringe movement to the third‑largest force in Parliament, holding 44 seats after the 2019 elections.

That meteoric rise has not been without controversy. Past incidents – such as the 2015 “gun march” in Johannesburg and the 2020 “chopper stunt” in Durban – have repeatedly put Malema at odds with law‑enforcement agencies. The current trial, however, is the first to reach a potential sentencing stage.

Key facts

  • Defendant: Julius Malema, EFF Commander‑in‑Chief.
  • Co‑accused: Adriaan Snyman.
  • Charges: Unlawful discharge of a firearm in a built‑up area (Firearms Control Act 60 of 2000).
  • Incident date: July 26, 2018, at Sisa Dukashe Stadium, Mdantsane.
  • Potential penalty: Up to five years’ imprisonment or a fine of R1 million.

Frequently Asked Questions

What could happen to Julius Malema if he is found guilty?

A conviction under the Firearms Control Act could carry a maximum sentence of five years in prison or a fine of up to R1 million. The ruling could also bar him from holding public office for a period, severely limiting the EFF’s leadership options ahead of the 2026 elections.

Why does the case matter beyond the EFF?

The trial tests how South African law treats political theatrics involving weapons. A precedent that upholds the charges could tighten enforcement of the Firearms Control Act at public gatherings, influencing all parties' conduct during rallies.

Who are the key figures supporting Malema at the courtroom?

Deputy President Floyd Shivambu, Secretary‑General Marshall Dlamini and National Chairperson Veronica Mente were visibly present, alongside dozens of ordinary supporters from across the Eastern Cape.

What was the defence’s main argument?

The defence contended that the weapon was a replica or starter pistol that could not fire live ammunition, claiming the incident was a staged performance meant to energise supporters, not a criminal act.

When is a new judgment date expected?

Magistrate Twanet Olivier said a written decision would be issued within the next few weeks, with the exact date to be communicated to both the prosecution and defence teams.

Vusumuzi Moyo
Vusumuzi Moyo

I am a journalist specializing in daily news coverage with a keen focus on developments across Africa. My work involves analyzing political, economic, and cultural trends to bring insightful stories to my readers. I strive to present news in a concise and accessible manner, aiming to inform and educate through my articles.

10 Comments

  • Amy Paradise
    Amy Paradise
    October 3, 2025 AT 05:59

    Looks like the Malema case is finally moving after a long series of delays. The courts keep pushing back the judgment, which only fuels the supporters' chants outside. Legally, the distinction between a starter pistol and a live weapon could set a key precedent for future rallies. If the magistrate finally rules, it might tighten the Firearms Control Act enforcement across the board. Either way, the political fallout will be interesting to watch 😊.

  • Janette Cybulski
    Janette Cybulski
    October 12, 2025 AT 16:40

    It’s understandable why the EFF base is staying loud – they see this as a direct attack on their leader. At the same time, public safety can’t be brushed aside for theatrics. The forensic report saying there’s no bullet residue is pretty solid evidence for the defence. Still, the law has to be consistent, regardless of who’s on the podium. Hope the written decision brings some clarity for everyone.

  • Mildred Alonzo
    Mildred Alonzo
    October 22, 2025 AT 03:20

    The case really shows how politics can bend legal lines.

  • Elizabeth Bennett
    Elizabeth Bennett
    October 31, 2025 AT 13:00

    The courtroom drama has turned into a real litmus test for South Africa’s rule of law. While the EFF frames this as persecution, the state argues it’s about preventing dangerous precedents. The forensic analysis that found no live‑round residue bolsters the “prop” narrative, yet the act of discharging any firearm in a built‑up area is still prohibited. The magistrate’s repeated adjournments hint at either procedural complexity or strategic stalling. If a conviction follows, it could limit Malema’s ability to campaign aggressively before the 2026 local elections. Conversely, an acquittal may embolden other parties to adopt similar showmanship. Either outcome will likely reshape how political rallies are policed in the future.

  • linda menuhin
    linda menuhin
    November 9, 2025 AT 23:40

    Yo, this whole thing is like a modern day allegory of power vs. peacе. If the court says “no weapons at rallies”, maybe it's a signal that democracy wants to keep its hands clean, ya know? But if they let him walk, it feels like the law is just a prop in a bigger show. Either way, the people watch, and the story lingers. Let's see if truth or theater wins the day.

  • Jeff Abbott
    Jeff Abbott
    November 19, 2025 AT 10:20

    Wow, another politician thinks he can play with guns and not get locked up. Guess the legal system enjoys a good circus more than actual justice. The EFF crowd will keep chanting while the real victims are the citizens who could have been hurt.

  • Quinton Merrill
    Quinton Merrill
    November 28, 2025 AT 21:00

    Interesting how the forensic reports keep surfacing – the ballistics say no live ammo, yet the law still bans any discharge in towns 🧐. The magistrate’s delays feel like they’re buying time to avoid political backlash 🤷‍♂️. Either way, the eventual ruling will set a clear boundary for future political theatrics.

  • Linda Lawton
    Linda Lawton
    December 8, 2025 AT 07:40

    Sure, they’ll say it’s about safety, but it’s really a ploy to silence the voice of the oppressed. The elites love to hide behind “law” while they strip away our rights. This case is just the tip of the iceberg, and they’ll keep feeding us distractions.

  • Ashley Bradley
    Ashley Bradley
    December 17, 2025 AT 18:20

    The legal saga surrounding Julius Malema reads like a modern tragedy, where ambition, symbolism, and the rule of law intertwine in a precarious dance. From the moment the AK‑47‑like device was raised at Sisa Dukashe Stadium, the image became a potent metaphor for rebellion, yet also a literal flashpoint for judicial scrutiny. At its core, the dispute forces us to ask whether a prop can be treated the same as a lethal instrument in the eyes of the state. The prosecution leans on the literal language of the Firearms Control Act, emphasizing that any discharge, regardless of ammunition, threatens public safety. The defence, however, invokes artistic expression, contending that the act was a theatrical flourish devoid of real danger. This tension mirrors larger debates about the limits of political performance in a democratic society. Moreover, the repeated postponements by Magistrate Twanet Olivier suggest either procedural diligence or a tacit awareness of the case’s political sensitivity. Each adjournment fuels speculation among supporters that the state is dragging its feet to avoid a politically damaging verdict. Conversely, critics argue that the delays are a strategic maneuver to wear down the opposition’s momentum before the 2026 elections. If the court ultimately rules that the discharge constitutes an offense, it will reinforce a stricter interpretation of the Firearms Control Act, sending a clear message to all parties that spectacle has limits. Such a precedent could curtail future rallies that flirt with intimidation tactics, reshaping political campaigning nationwide. On the other hand, an acquittal would legitimize the use of symbolic weapons as permissible political theatre, potentially normalizing risky displays. The ramifications extend beyond the courtroom, influencing public perception of justice and the balance of power between the state and dissenting voices. In any event, the forthcoming written decision will be dissected by scholars, activists, and the electorate alike, each seeking validation of their worldview. Ultimately, the case underscores how law, symbolism, and power can collide, leaving a society to reckon with the boundaries it wishes to uphold.

  • Joe Delaney
    Joe Delaney
    December 27, 2025 AT 05:00

    Good points, will be interesting to see how it plays out

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