EFF’s Legal Team Lodges Complaint Against Prosecutor in Julius Malema Case, SA Debates Decision

EFF’s Legal Team Lodges Complaint Against Prosecutor in Julius Malema Case, SA Debates Decision

  • The legal team for the Economic Freedom Fighters (EFF) and Julius Malema have accused Advocate Joel Cesar of misconduct
  • Advocate Cesar was the prosecutor in the EFF leader's firearm case, but the party believes he interfered with the administration of justice
  • South Africans took to social media to share varied reactions to the party's stance, with some agreeing with the decision made by the party
The EFF’s legal team lodged a complaint against the prosecutor in Julius Malema's firearms case
The EFF’s legal team have lodged a formal complaint against the prosecutor in Julius Malema's firearms case. Image: Mark Andrews
Source: Getty Images

Byron Pillay, a Briefly News journalist, has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He worked as a newspaper journalist for 10 years before transitioning to online.

EASTERN CAPE – The legal representatives of the Economic Freedom Fighters (EFF) and Julius Malema have lodged a formal complaint against Advocate Joel Cesar.

Cesar was the prosecutor in the matter against the EFF leader, who was found guilty on five charges related to the Firearms Control Act (Act 60 of 2000). The Commander-in-Chief of the Red Berets was sentenced to five years’ imprisonment and handed a fine of R60,000.

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His legal team has since been granted leave to appeal the sentencing, but not the conviction.

EFF’s legal team lays complaint against advocate

Less than a week after the sentence was handed down in the East London Magistrate’s Court, the party’s legal team lodged a formal complaint against Advocate Cesar with the National Director of Public Prosecutions (NDPP). The party is accusing the advocate of misconduct in the case.

“Advocate Cesar violated Section 34 of the Criminal Procedure Act by unlawfully authorising the return of a firearm before a court order was issued, acting ultra vires and exceeding his authority as an officer of the court,” a statement from the party read.

It continued, claiming that Advocate Cesar breached the National Prosecuting Authority (NPA) Act and the NPA’s Code of Conduct, which raised concerns of prosecutorial overreach, misrepresentation to the court, and interference with the proper administration of justice.

Magistrate and AfriForum previously blamed

While Advocate Cesar now faces accusations from the party, he’s not the only one who has had to deal with criticism.

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The magistrate in the matter, Twanet Olivier, and AfriForum (which laid the charges against Malema) also faced significant accusations during the lengthy proceedings. The EFF accused AfriForum of pursuing a racist agenda against Malema, something the civil rights group strongly denied.

Malema also accused Magistrate Olivier of being a racist, saying she could also be a member of AfriForum. His son, Ratanang, also echoed those sentiments when he addressed supporters outside the court on Thursday, 16 April 2026. Ratanang’s address sparked confusion online as he also mentioned Afrikaans and FW de Klerk.

Magistrate Twanet Olivier was accused of racism
Magistrate Twanet Olivier was accused of racism by Julius Malema and his son. Image: @joy_zelda
Source: Twitter

South Africans debate the EFF’s decision

The party’s decision sparked mixed reactions online, with some agreeing with the statement and others criticising it.

@BBK29_ said:

“Let’s see if the politically motivated NPA will overlook this clear misconduct, which is shown by emails, as proof that the advocate gave Snyman his gun back before the judgment on the first of October. That alone breaches the Code of Conduct and also raises questions as to how the advocate knew that Snyman would be acquitted the following day.”

@PaballoMaz90937 stated:

“It won’t change the verdict. Please your soul. The conviction stands, and so does the sentence. Lona, you are acting as if you care, but poor Malema cannot see that.”

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@JohannesKatishi exclaimed:

“Gone are the days when they used to disregard the law. The EFF is here to teach them a lesson.”

@Gadfly342043 noted:

“A premature return of an exhibit may be an error, or something more. But insinuation isn’t proof. The process must do the work.”

@PhephelaMakgoke suggested:

“Great. Next, we need to write to the Magistrate’s Commission about that biased magistrate.”

@rudz_16 stated:

“That is what happens when a prosecutor becomes personally invested in a case.”

@MarkTriesta added:

“Stalingrad tactics have started. So much for Julius saying he isn’t scared of prison.”

@Monyela29Tebogo said:

“They are wasting party resources. Nothing is going to change.”

AfriForum denies racism allegations

Briefly News also reported that AfriForum's Jacques Broodryk rejected Malema's allegations that he was racially targeted.

Malema was convicted on five counts under the Firearms Control Act after AfriForum laid charges against him.

Social media users shared mixed reactions to AfriForum's explanation for why it charged Malema over the 2018 incident.

Proofreading by Kelly Lippke, copy editor at Briefly.co.za.

Source: Briefly News

Authors:
Byron Pillay avatar

Byron Pillay (Current Affairs Editor) Byron Pillay is a Current Affairs Editor at Briefly News. He received a Diploma in Journalism from the Caxton Cadet School. He spent 15 years covering politics, crime and current affairs. He was also the Head of Department for Sports Brief, where he covered both local and international sporting news. Email: byron.pillay@briefly.co.za