State Dismisses Malema’s Legal Challenge As Absurd as EFF Leader Seeks to Appeal Firearm Conviction
- Economic Freedom Fighters leader Julius Malema is seeking to be granted leave to appeal his conviction on firearm charges
- The Commander-in-Chief of the Red Berets was found guilty on five charges related to the Firearms Control Act (Act 60 of 2000) in April 2026
- The prosecutor, Advocate Joel Cesar, weighed in on some of Malema's arguments as the State responded to the EFF leader's application
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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 State doesn’t believe Julius Malema has any prospect of success if he were to appeal his conviction on firearm charges.
The Economic Freedom Fighters leader was found guilty on five charges related to the Firearms Control Act (Act 60 of 2000) in April 2026 and sentenced to five years’ imprisonment and handed a fine of R60,000.
The charges against Malema were laid by AfriForum, following a 2018 EFF rally held in Mdantsane, during which Malema fired a rifle in the air. His legal team were granted leave to appeal the sentencing by Magistrate Twanet Olivier, but not the conviction. Malema’s legal team has since approached the Makhanda High Court, which will decide whether he has grounds to appeal the magistrate’s decisions regarding the conviction.
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State unimpressed with Malema’s arguments
State Prosecutor, Advocate Joel Cesar, weighed in on some of Malema's arguments, saying that it was ‘absurd and lacked all logic and reason’.
He made the statement in relation to Malema’s argument that the rifle in question was in Johannesburg, despite it being linked to a cartridge case found at the Sisa Dukashe Stadium in Mdantsane.
"Leave to appeal should not be granted when there is no prospect of success on appeal. The courts of appeal rarely interfere with the finding of fact of the trial court, including credibility findings with regard to witnesses," Cesar said.
Acting Judge President Judge Zamani Nhlangulela will allocate two judges to preside over the matter once he’s received the full transcribed trial record. A decision will then be made about whether Malema can challenge the conviction.
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What did Malema’s papers claim?
In his legal papers, Malema said that the State misconstrued the charges against him. He also claimed that the ‘adaptation of the charge sheet’ was intended to align it with the evidence.
"The adaptations were made in an attempt to cover some of the gaps that had become evident in the State's case," the Commander-in-Chief of the Red Berets said.
He argued that there was no evidence that a 9mm Glock P handgun had been at the stadium, in my possession, or even having been discharged, despite the State’s claims that there was.
He also argued that there were no spent cartridges from such a firearm at the scene, as well as no damage consistent with the firing of such a firearm on numerous occasions at the scene. The EFF leader also took issue with the fact that the State failed to call certain witnesses, as well as pointing towards the lack of evidence in some respects.
Dr Mbuyisen Ndlozi defends Malema
Briefly News reported that Dr Mbuyiseni Ndlozi weighed in on Malema's sentencing in the East London Magistrate’s Court.
The former Economic Freedom Fighters (EFF) member explained why Malema shouldn't be jailed for the crime.
South Africans took to social media to share mixed reactions about Dr Ndlozi's comment, with many criticising him.
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Source: Briefly News
