EFF supporters await judgment as Malema's firearm case stalls

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

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.