The State has hit back hard at EFF leader Julius Malema’s attempt to appeal his firearm conviction. The Malema firearm appeal response from the State describes his arguments as absurd and lacking all logic and reason. Furthermore, the State is opposing his application for leave to appeal the conviction at every turn. As a result, Malema faces the prospect of his appeal being blocked before it even reaches a higher court.
Malema Firearm Appeal: The Background
Magistrate Twanet Olivier convicted Malema in October 2025 on five counts linked to a 2018 incident at an EFF rally in Mdantsane in the Eastern Cape. The charges included unlawful possession of a semi-automatic firearm and discharging it in a public place during the EFF’s fifth anniversary celebrations. A video of the incident went viral in 2018. Malema claimed throughout the trial that the firearm was a toy gun. The magistrate rejected that defence entirely.
On 16 April 2026, Magistrate Olivier sentenced Malema to five years direct imprisonment for unlawful possession of a firearm. She imposed a concurrent two-year sentence for unlawful possession of ammunition and a R20,000 fine for discharging the weapon and reckless endangerment. Furthermore, the court declared Malema unfit to possess a firearm. As a result, Malema faces losing his seat in the National Assembly if the sentence survives the appeal process.
What the Court Already Decided on the Appeal
Immediately after sentencing, Malema’s legal team applied for leave to appeal both the conviction and the sentence. Magistrate Olivier granted leave to appeal the five-year sentence. However, she refused leave to appeal the conviction itself. “With regards to the conviction, this court abides by its decision. This court has not had a change of heart and clearly stands firm on its decision to convict. Therefore, leave to appeal in respect of conviction is not granted,” Olivier said.
Malema’s legal team subsequently filed a petition to a higher court seeking leave to appeal the conviction despite the magistrate’s refusal. It is that petition that the State is now opposing and characterising as absurd.
Why the State Says the Arguments Are Absurd
The State’s description of Malema’s appeal arguments as absurd and lacking all logic and reason represents a forceful and direct challenge to the legal basis of his petition. The State’s position is that the conviction is sound, well-reasoned and supported by the evidence presented at trial. Furthermore, it argues that Malema’s legal team has failed to identify any legal misdirection by the magistrate that would justify interference by a higher court. As a result, the State wants the petition for leave to appeal the conviction dismissed.
Malema’s legal team has consistently argued that another court could reasonably reach a different conclusion on both the facts and the law. Senior advocate Laurence Hodes SC submitted during the original leave to appeal hearing that the magistrate’s reasoning was flawed. However, Olivier rejected that argument and stood firm on her conviction. The State now argues that Hodes’ position before the higher court is equally without merit.
What Is at Stake for Malema
The stakes could not be higher for the EFF leader. If the five-year sentence survives the appeal process, Malema will be disqualified from serving in the National Assembly under Section 47 of the Constitution. A sentence of more than twelve months without the option of a fine removes a person from Parliament. As a result, a successful appeal on sentence is not just a legal matter for Malema. It is a question of his political survival.
Furthermore, the appeal process is expected to take years. In the meantime, Malema remains free on warning and continues to serve as a Member of Parliament and on the Judicial Service Commission. However, critics including Freedom Under Law have called for Malema to step down from the JSC given his conviction. The organisation’s executive officer Judith February said it was undeniable that Malema ought to step down as a member of the JSC.
A Very Bad Week for Malema
The State’s response to the firearm appeal is the latest in a series of legal and political blows Malema has absorbed this week. The Madlanga Commission released explosive WhatsApp messages on Monday allegedly linking him to suspended Crime Intelligence head Feroz Khan and tobacco businessman Mohamed Sayed. The messages allege the three worked together to orchestrate the removal of the Inspector General of Intelligence in 2021 and that Malema sought information about a VBS Bank case through Sayed.
Furthermore, Malema’s R1 million defamation case against Patriotic Alliance deputy president Kenny Kunene was struck off the roll on Tuesday after his own legal team failed to file court papers correctly on the CaseLines system. Malema’s attorneys were ordered to pay the costs of the day. As a result, this week has placed Malema under more sustained legal pressure than at any other point in his political career.
What Happens Next
The petition for leave to appeal the conviction will be heard by a higher court. The State’s opposition means the court will hear arguments from both sides before deciding whether Malema’s conviction can be challenged further. Furthermore, the separate appeal on the five-year sentence proceeds on a different track. The outcome of both processes could take years to resolve. As a result, Malema’s legal battles are likely to define his political existence for the foreseeable future.
Mzansi Today Live will continue to follow this matter as it progresses through the courts.
For more on South African court proceedings visit judiciary.org.za.
Editors Note Julius Malema has been convicted of firearm-related offences but has been granted leave to appeal his sentence. His application for leave to appeal his conviction is currently before a higher court. All appeal proceedings referenced in this article are ongoing. Mzansi Today Live will update this article as further information becomes available.