On the morning of January 23, the streets of East London were awash in red. Thousands of supporters of EFF leader Julius Malemagathered outside the East London magistrate’s court, chanting, singing and waiting. Inside, Malema awaited sentencing proceedings after being convicted on firearm-related charges — an episode that has taken nearly seven years to move from spectacle to judgment.
At issue is an incident that occurred on July 28 2018,during the EFF’s fifth anniversary rally attheSisa Dukashe StadiuminMdantsane. Video footage from the event shows Malema raising a rifle and firing it into the air before a cheering crowd. The images were circulated widely, becoming both evidence and symbol.
Acting after a complaint was lodged by AfriForum, the National Prosecuting Authority charged Malema under the Firearms Control Act with unlawful possession of a firearm and ammunition, discharging a firearm in a public space, reckless endangerment and failure to take reasonable precautions to prevent harm. In October 2025, magistrate Twanet Olivier found Malema guilty on all counts. Sentencing was postponed to January 23, and subsequently to April 15.
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The law, at least on paper, had finally spoken. But to suggest that this is merely a story about a man, a gun and a statute is to misunderstand SA’s political situation. SA’s Firearms Control Act is among the strictest on the continent, crafted in response to staggering levels of gun violence.
It criminalises the unauthorised possession and discharge of firearms in public spaces and allows for severe custodial sentences, particularly where public safety is endangered. The prosecution’s case against Malema relied on authenticated video evidence, corroborated footage from event organisers and witness testimony. Nothing in the footage showed maliciousness in Malema’s gun discharge, which was celebratory.
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