Civil Society South Africa (CSSA) notes the sentencing of Economic Freedom Fighters (EFF) leader Julius Malema to five years’ direct imprisonment following his conviction on multiple firearm-related charges.
The case arises from an incident on 28 July 2018, when Malema was filmed discharging a rifle into the air during a public event at Sisa Dukashe Stadium in Mdantsane. The footage, widely circulated at the time, showed a firearm being used in a manner that posed a clear risk to those present.
On 1 October 2025, the court found Malema guilty of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, failing to take reasonable precautions to safeguard others, and reckless endangerment.
During sentencing proceedings, the defence argued for a fine and a wholly suspended sentence, citing comparable cases where similar penalties had been imposed. The court, however, has now handed down a sentence of five years’ direct imprisonment.
CSSA stresses that this case must be understood in its proper context. South Africa faces a serious and ongoing crisis of illegal firearms and violent crime. Individuals who possess and use firearms unlawfully, particularly in ways that endanger others, must be prosecuted decisively and to the full extent of the law.
“The unlawful use of a firearm is not a minor technical offence. It is conduct that places lives at risk and contributes to a broader climate of lawlessness,” says Reece Clark, spokesperson for Civil Society South Africa. “Where individuals contravene the law with a firearm, there must be real consequences.”
CSSA further notes that this matter cannot be separated from the position of influence held by the accused.
“Public leaders carry a heightened responsibility. Their conduct does not occur in isolation. It is observed, repeated, and often normalised by those who follow them. In a country already grappling with high levels of violence, rhetoric that leans toward incitement, combined with the unlawful discharge of a firearm, sets a dangerous precedent,” says Clark. “It risks reinforcing the idea that firearms can be used irresponsibly, without consequence.”
At the same time, CSSA raises concern about the growing imbalance in how firearm regulation is experienced in South Africa.
Law-abiding firearm owners, who comply with licensing requirements and use firearms responsibly, are increasingly subjected to administrative pressure, regulatory complexity, and public scrutiny. Meanwhile, the core drivers of violence, illegal firearms and those who use them unlawfully, continue to pose the greatest threat to public safety.
“A society cannot claim to be serious about safety while placing its primary burden on those who follow the law,” says Clark. “Enforcement must focus where the risk truly lies: on criminals like Malema, illegal firearms and those who use them to endanger others.”
CSSA believes the sentence sends an important signal. Accountability must be real and visible and it must apply equally. This case reinforces a simple principle: the unlawful use of a firearm, regardless of who commits it, carries serious consequences. CSSA notes the appeal granted on sentencing, and will be monitoring the situation closely.
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