EAST LONDON – The Economic Freedom Fighters (EFF) have launched a blistering legal offensive against the National Prosecuting Authority (NPA), filing a formal complaint against State Prosecutor Advocate Joel Cesar for alleged gross misconduct. The move follows the recent high-profile conviction of EFF leader Julius Malema, who was sentenced to five years in prison by the KuGompo Magistrate’s Court for discharging a firearm in public.
The red berets are now accusing Cesar of deliberately misleading the court regarding the chain of custody of the primary evidence—the semi-automatic rifle fired by Malema during the party’s fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in 2018. The party contends that the prosecutor’s version of events surrounding the return of the weapon is not only procedurally "out of order" but constitutes a criminal offence.
The crux of the EFF’s grievance lies in the timing of the weapon's return to its owner, security boss Adriaan Snyman. Snyman, who was the second accused in the trial, was acquitted on all charges last week. However, Malema alleges that Adv. Cesar prematurely released the firearm to Snyman before his acquittal was even finalised.
Addressing a sea of thousands of supporters in KuGompo City shortly after being granted leave to appeal his sentence, a defiant Malema did not mince his words. He accused Cesar of an "abuse of power" and called for the advocate to be held criminally accountable for his testimony.
“To lie to court is a criminal offence,” Malema told the crowd, his voice echoing across the stadium. “He says we gave the gun to accused Number 2 after he was acquitted, but he forgets that when you collect a weapon or an item that was used as evidence, when you collect it back, you sign because there must be a date and time.”
Malema has challenged the prosecution to produce the signed receipt that would verify the exact moment the rifle left the State’s possession. He maintains that the evidence will show the weapon was returned while the trial was still active, a move that legal experts say would be a significant breach of the Criminal Procedure Act.
The EFF’s legal representatives have now formally written to the Director of Public Prosecutions (DPP), urging the body to initiate immediate disciplinary action against Cesar. The party argues that the prosecutor’s alleged dishonesty has tainted the entire trial process, which culminated in Magistrate Twanet Olivier handing down a direct imprisonment sentence on 16 April 2026.
The sentencing of Malema has already sparked a firestorm of legal and political debate. While the State argued that the five-year term was necessary to reflect the gravity of the offence—pointing to the inherent danger of firing live ammunition into a crowded stadium—the EFF has labelled the judgment "politically motivated." Malema had famously told the court during his testimony that the firearm was a "toy" and that the "shots" heard in viral videos were actually fireworks.
Magistrate Olivier, however, dismissed this version as "patently false," relying on ballistics evidence and eyewitness accounts to secure the conviction. The current complaint against the prosecutor appears to be a strategic opening salvo in Malema’s appeal process, aimed at undermining the credibility of the State’s case.
The handling of exhibits is a strictly regulated process under South African law. According to the Criminal Procedure Act, items seized as evidence must remain under the control of the State until the conclusion of the trial, unless a specific court order directs otherwise. If it is proven that Cesar facilitated the return of the rifle prematurely and then provided a false timeline to the court, it could provide Malema with the legal ammunition needed to challenge his conviction.
NPA spokesperson Kaizer Kganyago confirmed that the authority has received the complaint but cautioned against "litigating in the media."
“The NPA maintains that the prosecution was conducted with the utmost integrity and that the evidence presented was sufficient to secure a conviction in a court of law,” Kganyago said. “Any allegations of misconduct will be subjected to the necessary internal investigative processes, but we will not be drawn into a public spat with the accused.”
For Malema, the stakes could not be higher. While he remains free on bail pending his appeal to the High Court, the five-year sentence hangs over his political future like a guillotine. A successful challenge to the prosecutor’s conduct could not only save him from a prison cell but also bolster his narrative that the State is being used as a weapon to target political opponents.
As the DPP prepares to review the complaint, the focus shifts to the paper trail of the Mdantsane rifle. In a case defined by high-definition video and explosive rhetoric, it may ultimately be a simple signed receipt that determines the fate of the EFF’s Commander-in-Chief. The legal battle in KuGompo City is far from over, and for Advocate Joel Cesar, the hunter has now become the hunted in one of the most significant legal dramas of 2026.
