Julius Malema alleges ‘hidden hand’ behind firearm case as analysts weigh legal and political fallout
EFF leader Julius Malema has doubled down on claims that his prosecution for unlawfully discharging a firearm is politically driven, alleging a “hidden hand” of imperialism and capital behind the case – even as legal and political analysts caution that the matter is more complex than simple persecution.
Julius Malema, the leader of the Economic Freedom Fighters (EFF), has claimed that his ongoing prosecution is politically motivated, alleging a “hidden hand” at play in the judicial process against him.
Political commentators, at the same time, say that the case raises complex legal and political questions.
Malema was addressing his supporters outside the East London Magistrate’s Court on Thursday after being sentenced to five years’ direct imprisonment for firing what appeared to be an assault rifle during an EFF rally at Sisa Dukashe Stadium in Mdantsane in 2018.
Malema was addressing his supporters outside the East London Magistrate’s Court following his sentencing for the unlawful discharge of a firearm during a 2018 rally.
Malema was sentenced to five years of direct imprisonment on Thursday. However, he was released on warning following his immediate appeal against the sentence.
This was after he 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.
He now claims the case is part of a broader campaign to weaken him and the EFF ahead of the 2026 local government elections.
Malema said this was part of a broader and orchestrated campaign to disrupt his political career and stifle the EFF’s influence ahead of the 2026 local government elections.
Addressing the crowds, Malema claimed that a “hidden hand” of imperialism and capital is behind legal attempts to silence him.
He accused Magistrate Twanet Olivier – who handed down the sentence and refused him leave to appeal his conviction – of racism and bias, alleging she acted under outside influence.
He accused Magistrate Twanet Olivier of being a “racist of note”, adding that she was acting under external influence.
“Magistrate Olivier is a racist of note, and she must know that in her sleep,” he said.
“She did not read the heads of argument. She entered the court without knowing what was contained in the arguments that the lawyers were putting before the court,” Malema said, adding that Olivier speaks politics instead of reading.
“We are dealing with someone who doesn’t apply the law. The law, whether you hate someone or not, you have to answer the question: What does the law say on the matter?”
Malema argued that “no reasonable judge” would impose a five-year term for firing a single shot, calling the sentence disproportionate and politically motivated.
He added that no reasonable judge would agree that a person who shoots one bullet should be sentenced to five years, adding that the sentence was politically motivated and disproportionate.
He said the case was an attempt by his opponents to defeat him and the EFF through the legal system rather than at the ballot box.
Malema added that the party will petition the high court to appeal the guilty verdict and the sentencing itself.
Malema insists the weapon was a toy
The conviction stems from an incident at the EFF’s fifth-anniversary celebrations in Mdantsane, where a video showed Malema firing what appeared to be an assault rifle in front of about 20 000 supporters.
During the EFF's fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane, Eastern Cape, a video emerged of Malema firing what appeared to be an assault rifle into the air in front of approximately 20,000 supporters.
The rifle used belonged to a security company linked to his former bodyguard, Adriaan Snyman.
The incident went viral, prompting the Afrikaner lobby group AfriForum to open a criminal case against Malema.
He consistently argued that the weapon was a toy or prop, not a real firearm capable of firing live ammunition.
Snyman, accused of providing the weapon, was acquitted due to a lack of evidence.
MK Party backs Malema, slams ‘weaponised’ law
Malema’s claims of politically motivated justice have been echoed by the MK Party, which says the courts are being used against those “fighting the system”.
The MK Party also supported Malema’s remarks, saying the courts are being used as weapons to serve political agendas against those fighting the system, adding that the law is not applied equally in this country.
“We have an even worse situation, where a president is found with monies that he never disclosed in a couch, but he is still walking,” said spokesperson Nhlamulo Ndhlela.
He said the current system has been politicised and weaponised against the defiance of the system.
He said this also happened when former President Jacob Zuma was arrested in 2021.
This was after he was found guilty of defying a Constitutional Court order compelling him to appear before the commission chaired by Deputy Chief Justice Raymond Zondo.
“It’s unfortunate and rather not surprising that they will come to the conclusion of this outcome and sentence him (Malema), and we know it is politicised,” Ndhlela said, questioning why the owner of the firearm is not convicted.
Rule-of-law camp: ‘Nobody is above the law’
Meanwhile, AfriForum and the DA have welcomed the sentence, saying it sends a clear message that all are equal before the law.
Meanwhile, AfriForum and the DA said the sentence also sends a clear message that in South Africa nobody is above the law.
NPA independence under the microscope
Political analyst Professor Sipho Seepe, speaking to IOL News, said the case sits at the intersection of law and politics, and raises hard questions about who drives high-profile prosecutions.
Speaking with IOL News, renowned political analyst Professor Sipho Seepe said the case raises complex legal and political questions.
“In between, we are going to deal with issues of what Malema and the EFF call political prosecution. And some call it political execution,” he said.
He pointed in particular to AfriForum’s persistent pursuit of Malema.
He pointed to the role of AfriForum in pursuing the matter.
“In this case, it is AfriForum that insisted on this case. And it’s not the first time that they have tried to take Malema down,” Seepe said.
“And unfortunately for him, they managed to get to one point where the law is very clear about the use of firearms. And they felt that they must hold on to that.”
He questioned whether the National Prosecuting Authority (NPA) would have acted without external pressure.
“The question is, had it not been AfriForum, would the NPA have followed the case? If not, why was the state sleeping?” he said.
“It gives an impression that some can instruct the NPA to do its work.”
Seepe contrasted Malema’s prosecution with the handling of President Cyril Ramaphosa’s Phala Phala scandal.
Seepe contrasted this with the handling of the Phala Phala matter.
“If you listen to the findings, they talk about serious violations. And the NPA has not done anything,” he said.
“So the issue is, are some more equal than others?”
He warned, however, against too readily concluding that the case is purely political.
He cautioned against drawing definitive conclusions about political targeting.
“We must also accept that when people get arrested, there is an action or conduct that they are said to be guilty of. It is not like they were forced to do that,” he said.
“So we are not yet there where we can say this is political targeting. In some cases, it is difficult to make that one-to-one correspondence.”
Still, he said the political impact is undeniable.
However, he said the case carries clear political consequences.
“It cannot simply be seen as persecution, but there is no doubt that it will have political ramifications,” Seepe said.
US pressure and Trump remarks
Seepe also weighed in on whether international figures, such as former US president Donald Trump, have influenced the political climate around Malema.
He also addressed remarks by US President Donald Trump, who previously called for Malema’s arrest.
Last year in May 2025, Trump called for the arrest of Malema over his use of the controversial “Kill the Boer” chant, escalating already strained relations between the two countries.
Trump made the remarks during the meeting with Ramaphosa at the White House.
“There is no doubt about that,” Seepe said, responding to question on whether Trump has influenced narratives and pressure around Malema.
“Trump did say he does not understand why Malema is not in jail. But the case has long existed before that,” he said.
“It would be irresponsible to suggest a direct link.”
As Malema and the EFF prepare to challenge both conviction and sentence in the higher courts, the case is set to remain a flashpoint where legal accountability, political theatre and claims of selective justice collide – with the run-up to the 2026 local government elections providing a charged backdrop for every new development.
