Pre-sentencing proceedings in the case against EFF leader Julius Malema continued this week in the East London Regional Court in KuGompo City, with the defence addressing the court on sentencing principles for firearm-related offences.Malema’s counsel, Advocate Laurence Hodes, submitted to the court that possession of a firearm does not automatically result in a direct prison term. The argument was made during pre-sentencing, which follows Malema’s conviction on a charge under the Firearms Control Act.
The matter stems from a 2018 incident at the Sisa Dukashe Stadium in Mdantsane during the EFF’s 5th anniversary celebrations. A video that circulated widely at the time appeared to show Malema discharging what looked like an assault rifle into the air. He was subsequently charged with unlawful possession of a firearm, unlawful possession of ammunition, and discharging a firearm in a built-up area.Malema pleaded not guilty when the trial began in the East London Magistrate’s Court. The State led evidence including video footage and testimony from SAPS ballistic experts. The court found him guilty in October 1st, 2025. Under the Firearms Control Act 60 of 2000, Section 3, unlawful possession of a firearm carries a minimum sentence of 15 years. However, Section 51 of the Criminal Law Amendment Act allows a court to impose a lesser sentence if it finds “substantial and compelling circumstances” justifying a departure from the prescribed minimum.
That provision is central to the current pre-sentencing phase. Both the State and defence have been leading arguments on aggravating and mitigating factors. Pre-sentencing reports, including probation officer assessments, are typically considered at this stage.The National Prosecuting Authority has not issued a statement on this week’s proceedings. Malema has maintained that the firearm in the video was not real and formed part of a cultural performance. The court rejected that version in its judgment on conviction.
