‘The show is over’: Court told Malema is shifting blame and deserves jail time

EFF leader Julius Malema’s legal team has argued that the politician would be harshly punished if he were jailed, while the state contended that he was quick to blame others for his actions.

Supporters gathered in large numbers outside the KuGompo City (formerly East London) Magistrate’s Court on Wednesday, 15 April 2026, as the outspoken leader returned to the dock for sentencing proceedings in his firearm-discharge case.

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The show of support extended beyond the streets, with members of Malema’s family, including his wife and one of his sons, attending the hearing as closing arguments were presented by both the defence and the prosecution.

Mantoa Matlala-Malema (Julius Malema’s wife) sits in the gallery at KuGompo City Magistrate’s Court on 15 April 2026. Picture: Gallo Images/Randell Roskruge

Malema faces a potential prison sentence ranging from a minimum of two years to a maximum of 15 years following his conviction on multiple charges.

These include unlawful possession of a firearm and ammunition, discharging a firearm in a public space, and reckless endangerment.

The conviction stems from a widely circulated video recorded during the EFF’s fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane on 28 July 2018, in which Malema is seen firing what appeared to be a rifle in front of thousands of supporters.

EFF leader Julius Malema sentencing in firearm-discharge case

Malema’s legal representatives, including Advocate Tembeka Ngcukaitobi and Advocate Laurance Hodes, argued that the state had taken an inconsistent approach in emphasising Malema’s political prominence.

Hodes told the court that his status as a public figure must be treated consistently, either as a mitigating factor or an aggravating one.

“So you ask on the one hand to make an example of this accused because he is the current leader of a political party, then they tell you ‘no, there’s an imperative – you must make us all equal before the law’,” he said.

The defence maintained that no injuries or damage resulted from the incident, urging the court to weigh this aspect in determining an appropriate sentence.

They further contended that prosecutions of this nature are rare in South Africa.

“To send any person to prison for this single event would be shockingly inappropriate,” Hodes remarked.

Watch the proceedings below:

Hodes rejected the state’s push for a lengthy custodial sentence and instead proposed alternative penalties.

“They seem to imply that to impose a fine would be unconstitutional. That’s not the case, your worship. You can impose a fine.

“It’s recognised even in the post-constitutional era that a fine is a punishment, as is a suspended sentence, as are other forms of punishment,” he said.

State pushes for stiff entence

State prosecutor Joel Cesar stressed that Malema’s conduct posed a significant danger to the public.

“The accused did not just fire one shot and [leave] it at that, which we can consider to be an accident. He was malicious to say the least.

“His actions constituted extreme danger to the 20 000 plus people that were present, not even mentioning the community right around Mdantsane, which we know is one of the biggest locations in South Africa.

“It’s condensed, it’s densely populated, and especially on a weekend, it is busy in Mdantsane,” he said.

Cesar argued that a custodial sentence would serve as a necessary warning to the public about the consequences of reckless firearm use, particularly in crowded environments.

The prosecutor also took aim at Malema’s claim during the trial that the firearm in question was a toy gun.

“He blamed everybody for his actions. He dragged us to be participants in this show. It’s time for this court to tell him that this show is over.

“The court must send out a strong message to other would-be offenders who fire shots among the crowds and endangering the lives of others, that if you do commit the crime, you will do the time,” Cesar continued.

Magistrate Twanet Olivier is expected to hand down sentencing on Thursday, 16 April.

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