Johannesburg – AfriForum says the five-year sentence meted out to Economic Freedom Fighters (EFF) leader Julius Malema shows that no one, regardless of their status or political affiliation, is above the law.
“Despite the efforts of Julius Malema’s legal team to argue mitigating circumstances in the East London Magistrate’s Court, today’s events in court have confirmed to AfriForum that no one, regardless of their status or political affiliation, is above the law,” AfriForum said on Thursday, 16 April 2026.
Malema was sentenced to five years in prison for breaches of gun laws related to firing a rifle in public, but he was granted leave to appeal the sentence and was released on warning.
Earlier reports had erroneously suggested Malema was out on bail for the last eight years, but the court clarified the matter, saying the EFF leader had been out on warning.
AfriForum said it views the sentence as an important step in restoring public confidence in the criminal justice system.
RELATED: EFF Leader Julius Malema Sentenced To 5 Years In Prison For Gun Law Breaches – The Bulrushes
Malema was found guilty in September last year on five charges under the Firearms Control Act, including discharging a firearm in a built-up or public area without sufficient reason, unlawful possession of a firearm, and unlawful possession of ammunition.
RELATED: Malema’s Bail Extended After He Was Found Guilty Of Violating Firearms Control Act – The Bulrushes
AfriForum’ said its continued pressure to have the leader of the EFF prosecuted after he fired several shots in a public space in 2018 is proof of what’s possible when civil society refuses to allow serious criminal behaviour to be condoned or ignored.
“The reckless discharge of a firearm in a busy public space posed a real and unacceptable risk to human life,” said Jacques Broodryk, AfriForum’s Chief Spokesperson for Community Safety.
“It is good to see that this type of behaviour is not normalised or justified under any circumstances.
“When the law is applied consistently, and without fear or favouritism, public confidence in the justice system is strengthened.
“AfriForum will continue to uphold the rule of law and ensure equal accountability for all.”
AfriForum played a decisive role in ensuring that this case was brought to court.
Without the organisation’s intervention and sustained pressure, the case may never have come to trial in the first place.
According to Kallie Kriel, CEO of AfriForum, Malema’s actions have gone unpunished for too long.
“It was essential that the court send a clear message that no one is above the law,” Kriel said.
“Although it took eight years for justice to prevail, today’s outcome shows that perseverance matters.”
Commenting on the sentencing, Brett Herron, GOOD Secretary-General and Unite for Change Leadership, stated: “The bedrock of any functional democracy is the principle that the law applies equally to all”.
Herron said this includes those who hold significant political power and those who lead major opposition movements.
“When politicians are perceived to break the law without legal accountability, it does more than just violate a statute; it destroys public trust in the State and creates fertile ground for corruption and authoritarianism to take root.
“However, an equally vital principle is that the State must wield its power fairly, consistently, and without ‘fear or favour’.”
Herron added: “Justice must not concede to public pressure or to achieve political ends, whether the individual in the dock is Jacob Zuma, Helen Zille, or Julius Malema.
“In the case of Mr Malema, while it is correct that he be held accountable for his actions, the State’s request for a 15-year custodial sentence appeared performative rather than restorative.
“It was a sentence the State knew well would never be imposed by a court for such a crime.”
Herron stated that in a constitutional democracy, the law must be a shield for the public and a stabiliser for society.
“It is important that the application of the law, without fear or favour, does not martyr a political figure,” he said.
“We must hold our leaders to the highest standards of conduct, and it is right that Mr. Malema is held to account.
“To do otherwise is to risk the very democratic fabric we seek to protect. However, the 5-year prison sentence feels harsh.”
Addressing supporters, Malema lashed out at Magistrate Olivier and labelled her a “racist of note” who could be aligned with AfriForum.
Malema insists the trial was influenced by political motives.
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