Magistrate Twanet Olivier sentenced the Economic Freedom Fighter (EFF) Commander-in-Chief to five years direct imprisonment on Thursday. Julius Malema slept in his own bed that night. The man with a five-year jail term has spent exactly zero nights behind bars.
His legal team moved with remarkable speed.
Moments after Olivier pronounced sentence, counsel for Malema rose to file an application for leave to appeal and an urgent bail application. The court granted leave to appeal the sentence that same day, allowing Malema to walk free while the High Court reviews the punishment.
The court, however, refused leave to appeal the conviction itself. This upheld the NPA’s guilty verdict finding that Malema unlawfully possessed a firearm and ammunition and discharged a weapon in a public space during the party’s 2018 anniversary rally in Mdantsane.
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Olivier explained her decision: “The court abides by its decision and has not had a change of heart. Leave to appeal on conviction is not granted. With regard to sentence, there is always a possibility that a different court may come to a different decision. This court will not stand in the way of that.”
Legal expert Zola Majavu praised the legal team’s foresight. “My respect for his legal team is on steroids because they anticipated that to ensure that he goes home, they would have had to be ready with the application for leave to appeal, which they brought immediately. Otherwise, if they had not done so, they would have had to do that within 14 days,” he said.
Majavu explained the stakes. Normally, a convicted person spends those 14 days as an inmate. “An appeal is not automatic. That is why you have to bring an application for leave.” Malema’s team brought it within minutes, ensuring the trouble-prone leader of the red berrets avoid jail for the time being.
Malema sentencing: AfriForum says magistrate ‘lenient’
Speaking to Newzroom Afrika after the sentencing, AfriForum spokesperson Jacques Broodryk said the organisation laid charges because the SAPS and the NPA was reluctant to act.
“Here you have a very obvious and serious crime committed on camera by a very influential person, yet the state refuses to take action. We’ve seen a culture where politicians think they are above the law; someone needs to turn that around,” Broodryk said.
He argued the case is vital for restoring public trust in a country where only 22% of citizens trust the police. “This is a victory for every law-abiding citizen,” Broodryk added, noting the court’s tough stance on Malema.
Outside court, Broodryk also addressed reporters directly, calling the magistrate “very lenient, and I think that’s something Mr Malema and his supporters should be grateful for.” He responded to EFF deputy secretary general Leigh-Ann Mathys, who called AfriForum members “terrorists” during a tense standoff. Broodryk said the confrontation revealed “the violent nature of the EFF.”
“The rule of law must apply equally to everyone. No amount of political rhetoric or intimidation will change that,” he added.
EFF: ‘Disproportionate sentence aims to silence revolutionary voice’
The EFF issued a lengthy statement on Thursday night. The party called the sentence “disproportionate and inconsistent with both the facts and the broader context of the incident.” They accused the National Prosecuting Authority (NPA) of a “deeply suspicious appetite for imprisonment” compared to their failure to secure convictions in violent crimes like murder and rape.
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The party compared Malema to liberation icons Patrice Lumumba, Thomas Sankara, and Steve Biko. The EFF concluded that Malema’s sentencing forms part of “a broader effort by white capital and its allies to discipline and silence those who refuse to abandon the struggle for land, dignity, and economic emancipation.”
Malema appeal: Legal experts weigh in on 5-year sentence
Advocate Tembeka Ngcukaitobi SC, leading Malema’s defence team, argued the sentence was excessive. “It would be possible for someone to say this sentence induces shock,” he said, justifying the move to the High Court.
Legal expert Mpumelelo Zikalala told eNCA that Olivier managed the immense public and media pressure well. However, he noted that the appeal process will force a closer look at the basis for such a heavy sentence. Malema’s lawyer, Ian Levitt, expressed total confidence that another court will reach a different conclusion regarding the five-year term.
Malema sentencing impact on Parliament
Legal expert Advocate Vusisizwe ‘Jazz’ Vilakazi explained the constitutional implications. “If you are sentenced to more than 12 months’ imprisonment without the option of a fine, you cannot be a member of Parliament.”
However, because the court granted leave to appeal, the sentence remains inoperative. Malema remains a member of Parliament and will continue his duties. Political analyst Sandile Swana predicts Malema will remain in office through the 2026 local government elections and likely the 2029 national elections while the legal battle drags on.
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Sentence breakdown
The court imposed the following sentences:
- Count 1 (unlawful possession of a firearm): 5 years direct imprisonment
- Count 2 (unlawful possession of ammunition): 2 years direct imprisonment
- Count 3, 4 and 5 (various firearm charges): R20,000 fine or 6 months
The custodial sentences run concurrently, resulting in an effective five years. Olivier also declared Malema unfit to carry a firearm.
What happens next
The High Court will now review the appropriateness of the sentence while the conviction stands. The EFF confirmed that Malema will continue to lead the party’s 2026 local government elections campaign while the legal process unfolds.
Addressing thousands of supporters after court, Malema accused the magistrate of failing to apply the law. He ended his address with the chant “Kill the boer, kill the farmer.”
