Julius Malema convicted, says prison is a badge of honour

When Julius Malema, leader of Economic Freedom Fighters was handed a guilty verdict on October 1, 2025, the streets outside the East London Magistrate's Court in the Eastern Cape erupted with his defiant chant that prison was a badge of honour. The conviction, for discharging a firearm in public during the party’s 5th‑anniversary rally at Sisa Dukashe Stadium in Mdantsane, carries a maximum term of 15 years and sets the stage for a pre‑sentencing hearing on January 23, 2026.

Background: The 2018 anniversary celebration

The EFF – South Africa’s third‑largest political party – marked its fifth year in 2018 with a flamboyant rally that blended speeches, music and, according to court evidence, a real firearm that Malema allegedly fired into the air. The incident was captured by several attendees and later entered the docket as a case of unlawful discharge of a weapon in a public venue.

His former bodyguard, Adriaan Snyman, faced separate charges for unlawful possession of the gun and ammunition. Both men argued that the prosecution’s case was built on politically motivated evidence, a claim that has echoed through many of Malema’s previous court battles.

Court proceedings and the guilty verdict

The trial, presided over by magistrate Tonet Olifir, unfolded over several weeks. Prosecutors presented ballistic reports, eyewitness testimony, and the firearm itself, which forensic analysis confirmed had been discharged during the rally.

When the verdict was read, Malema’s supporters shouted slogans while Malema himself stepped outside the courthouse, declaring the judgment "fundamentally flawed" and insisting that facing prison or death was a mark of honor for any revolutionary.

He also launched a pointed attack on the magistrate, accusing her of being ill‑prepared and even suggesting that a black female judge would have received a different treatment. The comments sparked immediate condemnation from legal observers who warned that such rhetoric could inflame public distrust in the judiciary.

Reactions: Opposition, party loyalists and the judiciary

Opposition figures were quick to weigh in. Ian Cameron, a Member of Parliament for the Democratic Alliance, labelled Malema a "symbol of chaos and violence" and warned that handing a gun to a political leader was a reckless act that undermined the rule of law. "If someone told me to jump off a roof, I hope I wouldn’t obey just because they said so," Cameron said, drawing a stark analogy to Malema’s defence.

Within the EFF, the response was uniformly supportive. Party spokespersons framed the case as yet another chapter in a long history of state‑sponsored persecution, pointing to past prosecutions for alleged money‑laundering and incitement as evidence of a pattern.

Legal experts, however, cautioned that the forthcoming sentencing could have real consequences for the party’s parliamentary standing. South Africa’s Constitution allows a party leader to retain a seat while under trial, but a lengthy imprisonment could trigger a leadership vacuum and force a by‑election in the party’s national list.

Legal and political implications

The potential 15‑year sentence is not merely a personal blow; it reverberates across the South African political spectrum. If Malema is incarcerated, the EFF would need to appoint an interim leader, a move that could shift internal power dynamics and test the party’s cohesion.

Furthermore, the case highlights the broader issue of political violence in the country. According to a 2023 report by the Institute for Security Studies, incidents involving weapons at political rallies have risen by 12% since 2015, underscoring a growing trend that threatens democratic stability.

From a constitutional perspective, the case also raises questions about the balance between free expression and public safety. While the EFF argues that the firearm discharge was a symbolic act of protest, the law clearly categorises such behaviour as a criminal offence, regardless of political intent.

What lies ahead: Sentencing and the future of the EFF

Malema’s next court appearance on January 23, 2026, will focus on sentencing. The magistrate will consider mitigating factors – including the defendant’s political stature, the absence of physical injury, and his clean criminal record prior to this charge – against aggravating circumstances like the public nature of the offence.

Should a custodial sentence be imposed, the EFF’s parliamentary representation could be jeopardised if the party’s constitution requires the leader to be an active member of the National Assembly. Some analysts predict that the party may push for a constitutional amendment to allow a non‑member to head the party, a move that would spark an intense national debate.

Beyond the courtroom, the verdict fuels an ongoing narrative about the rule of law in South Africa. For supporters, Malema’s defiant stance – “prison is a badge of honour” – reinforces his image as a martyr fighting an entrenched elite. For critics, it underscores a dangerous entitlement that places political ambition above public safety.

Key facts

• Verdict handed down: 1 October 2025 by the East London Magistrate's Court.
• Charge: Discharging a firearm in public during the EFF’s 5th‑anniversary rally (2018).
• Maximum penalty: 15 years imprisonment.
• Pre‑sentencing hearing scheduled for 23 January 2026.
• Co‑defendant: former bodyguard Adriaan Snyman, charged with unlawful possession.

Frequently Asked Questions

How could a prison sentence affect Julius Malema’s role in the EFF?

If Malema receives a custodial sentence longer than a few months, the party’s constitution may compel him to step down as parliamentary leader, triggering an internal election. The EFF would then need to appoint an interim head, potentially reshaping its policy direction and public image.

What legal precedent does this case set for political leaders in South Africa?

The conviction reinforces that political status does not grant immunity from firearms legislation. Previous cases, such as the 2022 conviction of a provincial mayor for illegal weapons possession, show a growing willingness of courts to hold elected officials accountable.

Why did Malema describe prison as a ‘badge of honour’?

Malema frames incarceration as a symbol of struggle against what he portrays as a hostile, elite‑driven state. This rhetoric is consistent with his long‑standing narrative of being persecuted for championing the poor and marginalized.

What has been the reaction from South Africa’s judiciary to Malema’s comments about the magistrate?

Legal commentators have warned that Malema’s personal attacks risk undermining public confidence in the courts. The Judicial Service Commission issued a statement urging all politicians to respect judicial independence, emphasizing that criticism must be constructive, not personal.

Could this conviction influence future election outcomes for the EFF?

Polls conducted in August 2025 showed the EFF hovering at 12% of the national vote. A high‑profile conviction may polarise voters: loyal supporters could rally around Malema’s martyrdom narrative, while undecided voters might be deterred by the party’s association with violence.