State Prosecutor Opposes Malema’s Conviction Appeal, Says Mdantsane Rally Shooting Was Planned
- Advocate Joel Cesar has filed an affidavit opposing Julius Malema's application for leave to appeal his conviction
- 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 State prosecutor noted that some of Malema's evidence proved that he was guilty of firing a real gun at the rally
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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 – Advocate Joel Cesar believes that Julius Malema planned everything to perfection when he fired shots into the air at a packed stadium in Mdantsane in 2018.
Advocate Cesar, who was the State Prosecutor in Malema’s firearms trial, made the statement in his affidavit opposing Malema’s application to appeal his conviction.
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.
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The charges against Malema were laid by AfriForum, following a 2018 EFF rally held in Mdantsane, during which he 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 then approached the Makhanda High Court, seeking leave to appeal the conviction, but the State is opposing this application.
What did Advocate Cesar say?
In his opposing affidavit, the State Prosecutor argued that Malema planned every detail, saying that he had been taught how to handle firearms by the ANC since he was nine years old.
"His conduct to possess the firearm was not spontaneous, impulsive or accidental. It was planned, intentional, deliberate and executed with precision”, Advocate Cesar said.
He added that Malema confirmed in his own testimony that he was familiar with firearms, which further undermined the defence’s case.
Advocate Cesar also noted that Malema confirmed in his own evidence that the decision to fire shots at the event had been planned, adding that in the video, the EFF leader walked to the far-right end of the stage before firing the gun, because he knew it was a real firearm.
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Malema has submitted his affidavit already, but the State said that his argument was ‘absurd and lacked all logic and reason’.
Acting Judge President Judge Zamani Nhlangulela will now 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. His appeal against the sentence will be heard separately at a yet-to-be-decided date.
Dr Mbuyiseni 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
