By Charmaine Ndlela
The Economic Freedom Fighters (EFF) said on Wednesday they would seek “comprehensive legal advice” and appeal the court ruling that found party leader Julius Malema guilty of unlawfully discharging a firearm at an Eastern Cape rally in 2018.
Magistrate Twanet Olivier delivered the judgment at the East London Magistrate’s Court on Wednesday morning, after taking two days to read into the record how she came to her decision. Malema’s co-accused and former bodyguard, Adriaan Snyman, was found not guilty on all charges.
The EFF said in a statement that the judgment was “hypocritical” and indicative of a “political agenda”.
“[A]ccused number two, who was alleged to have handed the firearm to the CIC, has been acquitted of all charges, yet the individual he is accused of handing the firearm to has been found guilty.”
Malema was accused of firing between 14 and 15 live rounds from a semi-automatic rifle in front of about 20,000 supporters at the party’s fifth anniversary celebrations at Sisa Dukashe stadium in Mdantsane, near East London.
Snyman handed the firearm to Malema, who then fired it near the crowd before returning it. The weapon was believed to belong to a company where Snyman is a director.
Malema was convicted on five offences, including unlawful possession of a firearm and ammunition, discharging a firearm in a public space and reckless endangerment. The first charge carries a maximum sentence of 15 years.
The case was lodged in August 2018 by lobby group AfriForum under the Firearms Control Act.
Video footage of the incident went viral online, prompting complaints to police and the Hawks.
Additional footage from Gearhouse, the staging and audio-visual company contracted for the rally, was presented to court. Olivier ruled it admissible.
“I will admit and mention that the Gearhouse footage is not as visible as the viral footage,” Olivier said. “But in this regard, the Gearhouse footage is ruled as real evidence: it is relevant, it was authenticated and therefore it is ruled admissible.”
Both Malema and Snyman pleaded not guilty, saying the firearm was a toy gun.
In its statement, the EFF said the case was driven by politics rather than evidence. “It is no surprise that the state has pursued this matter to this point, for there have always been coordinated attempts to discredit and sabotage the EFF and its leadership.”
The EFF said Malema’s exposure of corruption, calls for land expropriation without compensation and “fearless nature” had made him a target.
“The persecution of CIC Malema is ultimately an attack on the millions who look to the EFF as a vehicle for change. It is an attack on the poor, the landless, the workers, and the youth of this country who refuse to be silenced,” said party spokesperson Sinawo Thambo.
AfriForum welcomed the ruling. Its chief spokesperson for community safety, Jacques Broodryk, said: “The evidence overwhelmingly proved that Malema committed several serious offences under the Firearms Control Act, and the verdict confirms that those who think they are untouchable will eventually be held accountable, no matter how long it takes.”
The Democratic Alliance (DA) also welcomed the judgment. “Our nation deserves unifying leaders who do not promote chaos, violence, and criminality,” it said, adding the verdict showed the EFF’s politics were “rooted in violence and criminality”.
The EFF said Malema would continue to respect due process and attend all proceedings. His bail was extended ahead of sentencing, which is set for January 23, 2026.
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