1:00 PM

LATEST

Malema is addressing supporters outside the courthouse. He thanked those who came out in their droves and those who showed solidarity from across the country. "We have received a lot of letters, messages, from people, churches saying they are praying for us, so everything goes according to the will of God. We don't take anything for granted. There is nothing that will disrupt the revolution," Malema told the crowd. "No one has reason to panic. I am too old to be shaken by young Afrikaner boys," he added. "I will appeal this case up to the highest court," Malema said.

12:48 PM

Malema has emerged from court and is preparing to address his supporters. He was seen dabbing what appeared to be tears from his eyes.

12:25 PM

That is a wrap for Wednesday. Olivier said she was done for the day. Ngcukaitobi asked whether she would deliver her verdict this afternoon, saying he would appreciate a judgement today. Olivier told him it does not work like that and that they had two days on the roll. She postponed proceedings to Thursday at 9am.

12:10 PM

Ngcukaitobi argued that a non-custodial sentence was more appropriate in this case.

12:05 PM

Ngcukaitobi claimed AfriForum was behind the prosecution, but Olivier cut him short, telling him he was veering off track. Ngcukaitobi responded that he was merely referring to what the state had said. Those in the gallery became rowdy after AfriForum was mentioned, prompting Olivier to warn that anyone commenting from the gallery must leave. She later apologised after noting that the state had indeed made the reference.

11:50 AM

Advocate Tembeka Ngcukaitobi, also for the defence, is now on his feet to deliver the rebuttal.

11:45 AM

Cesar has concluded the state's argument.

11:30 AM

Cesar has zeroed in on Malema's own testimony, quoting him telling the court: "Don't tell me how to fire a shot. I can fire even from underneath this page if I feel to do so." He said Malema's intention was clear — he was going to do what he wanted regardless of the danger. He told the court that the video showed people running, with seven people directly in the line of fire and 20,000 surrounding the area. Malema still maintains the firearm was a toy, despite ballistic evidence proving otherwise.

11:26 AM

Cesar stressed that the weapon used was an assault rifle — not a handgun — with larger, more powerful ammunition that "could have had fatal consequences." He argued the courts should impose standardised sentences for firearm offences whether they fall under minimum or maximum sentencing regimes, and that the video evidence was the "silent witness" that showed everything the court needed. "They say a picture speaks a thousand words. This is one of those instances," he said.

11:22 AM

Cesar has warned the court that a non-custodial sentence would send a dangerous message. He argued it would effectively tell people "it's okay — if you fire shots, whether it's one or two or 22, you just get a fine." He said every case he cited in his heads of argument resulted in direct imprisonment, and that the court should impose a consistent, standardised sentence for this type of offence.

11:16 AM

Cesar is arguing that Malema has set a dangerous precedent. He told the court that as a political leader with a massive following, young people emulate his behaviour. He said Malema has "opened a Pandora's box" by creating the impression that firing shots in public is acceptable. He pointed to the case of Bitou deputy mayor Nokuzola "Noksi" Kolwapi, who went viral in December 2025 after firing a weapon during a traditional homecoming ceremony in KwaNokuthula — as evidence of the pattern Malema has set. "He is a member of Parliament. A lawmaker. Yet he's the one that broke the law," Cesar said.

11:13 AM

Cesar told the court that Malema's actions "constituted extreme danger" to the more than 20,000 people at the rally in Mdantsane — one of the most densely populated areas in South Africa. He stressed that Malema did not fire just one shot, which might have been considered an accident. "It was by the grace of God that nobody got hurt," he said. There was a brief disruption from the gallery, prompting Olivier to warn those present: "I'm not going to ask you to be quiet. I'll order you to leave."

11:10 AM

Cesar has hit back at the defence's reliance on the Brooks judgement, telling the court he has a full-bench ruling from the same division that held the exact opposite view on firearm possession — and that it outweighs the single-judge decision cited by Hodes. He added that the Supreme Court of Appeal has already dealt with the issue. Cesar confirmed the state is not relying on the Minimum Sentence Act but on Section 121 of the Firearms Control Act, which carries a maximum of 15 years. He told the court directly that the state is seeking imprisonment.

11:06 AM

Cesar has turned to the Constitution, citing Section 9 which guarantees equality before the law. He says the Constitution obliges the court to ensure no person is above the law. He told the court he will address what he calls the "double-edged sword" of Malema being treated equally while also being held to a higher standard as a public figure. He outlined the aims of sentencing: retribution, rehabilitation, prevention and deterrence.

11:02 AM

Cesar has hit back at the defence over the return of the firearm to the co-accused Adriaan Snyman, who was acquitted. Hodes had earlier raised questions about the weapon being handed back. Cesar dismissed this as "a storm in a teacup," telling the court the state was fully within its rights under sections 30 and 31 of the Criminal Procedure Act to return the firearm once Snyman was found not guilty.

10:57 AM

Advocate Joel Cesar is on his feet for the state. He opened with a lighter moment, joking that Hodes had "done half my job for me" before getting down to business. He told the court that the same set of facts can be viewed differently — and that it is the court's duty to find the more plausible argument. He also addressed the late filing of the state's heads, saying he had contacted the defence attorney on 31 March to confirm they were ready but that he was travelling and could not file unsigned documents.

10:48 AM

Olivier is back on the bench after the tea adjournment. Proceedings are resuming now. Advocate Joel Cesar will begin presenting the state's heads of argument.

10:42 AM

The scene outside the magistrate's court in KuGompo City as Malema's sentencing hearing continues inside.

Malema arriving at court surrounded by supporters, police and media

Image: Abongile Ginya / Isolezwe lesiXhosa

10:39 AM

Outside the courthouse in KuGompo City, EFF supporters are dancing and chanting in support of Malema while they wait for proceedings to resume. The show of support is also spreading well beyond the Eastern Cape — supporters are descending on the Mpumalanga High Court in a solidarity gathering, with reports of similar scenes playing out across other parts of the country.

10:22 AM

Olivier has adjourned proceedings. The court will resume at 10:45 when Cesar will begin presenting the state's heads of argument.

10:20 AM

State prosecutor Advocate Joel Cesar told the court he is ready to present his heads of argument. "We must get this over and done with, Your Worship. I am ready," Cesar said. Olivier confirmed that Hodes will be allowed to reply once Cesar has finished.

10:19 AM

Hodes has concluded his argument for the defence. He urged the court to take an individualised approach to sentencing, arguing that the state's case rests on authorities that are either distinguishable or drawn from far more serious circumstances.

10:18 AM

Hodes says the state has cherry-picked cases involving either minimum sentencing legislation or extreme aggravating circumstances — such as robbery, violent crime, obliterated serial numbers, and multiple firearms — and tried to apply the same reasoning to a case that is "factually far less serious." He told the court: "We submit that approach is incorrect." He also noted the state concedes in its own supplementary heads that minimum sentence legislation does not apply to this case.

10:13 AM

Hodes has challenged the state's claim that the probation officer conceded all firearm possession cases must result in direct imprisonment. He took the court to the record, arguing that no such concession was made. He says the probation officer confirmed that "circumstances differ from case to case" and that most cases she had seen involved firearm possession linked to other, broader criminal conduct.

10:08 AM

Hodes is now turning his fire on the state's heads of argument. He says the prosecution has made a "self-defeating and mutually exclusive argument" — on the one hand calling Malema an ordinary accused who should be treated like anyone else, and on the other highlighting his position as a political leader to justify harsher treatment. "That is the conundrum that arises in the state's approach," he said. He added that the state also relies on public outcry from civil society to argue for imprisonment, which he says contradicts their claim that Malema should be treated ordinarily.

10:02 AM

Hodes is making his central argument: all five charges stem from a single incident lasting no more than two minutes, with no injuries and no property damage. "To impose a custodial sentence for a single, brief incident of this nature would be disproportionate and inappropriate," he told the court. He is pushing for a non-custodial sentence.

9:57 AM

Hodes has cited a recent Eastern Cape case in which a security guard in his 60s shot two young people aged 13 — killing one and injuring the other — and received a fully suspended sentence. He told the court that even in that case, involving murder and attempted murder, the judge found that the circumstances justified a sentence less severe than direct imprisonment and that the offender did not present a continuing danger to society.

9:53 AM

Hodes is now arguing that imprisonment does not always achieve rehabilitation. He told the court that "evidence suggests that prisons rarely rehabilitate individuals and may contribute to further criminalisation and cycles of reoffending." He says the accused does not pose a danger to society that would justify incarceration.

9:48 AM

Hodes is taking the court through comparable cases where firearm discharge did not result in imprisonment. He cited a case in which a man fired a Glock pistol under a table in a packed restaurant of 220 people — no one was hurt but there was damage. That accused received three years' imprisonment, wholly suspended. He also pointed to a case involving two intoxicated police officers who shot at someone in a public area and received partially suspended sentences with fines. Hodes says these cases show that discharge offences do not automatically attract incarceration.

9:44 AM

Hodes is making a key point about the firearm itself. He says social worker Thompson highlighted that Malema obtained the rifle from someone likely affiliated with security services — meaning it was a licensed firearm. Malema borrowed it solely for the celebratory event, possessed it only for the duration of the shots — estimated at less than one minute — and returned it to its lawful custodian immediately afterwards. Hodes stressed Malema did not acquire the firearm illegally or with any intent to commit further crimes.

9:40 AM

Hodes has pushed back on any suggestion that Malema's lack of remorse should count against him. He told the court that the magistrate herself placed on record that "people are entitled to plead not guilty; that is their right." He says Thompson agreed with this when it was put to her as a clarifying question, at page 162 of the record.

9:36 AM

Hodes is now summarising the pre-sentencing report compiled by social worker Jessie Thompson, who testified on 23 January. He says Thompson found that while Malema continues to assert his innocence, she was of the view that he "regrets the incident and the consequent result that people might perceive it as encouragement to handle firearms recklessly."

9:32 AM

Hodes is addressing Malema's personal circumstances. He told the court that Malema, now 45, was 37 at the time of the offences. He has no prior convictions and has "led a blameless life." There have been no further incidents since 2018, Hodes added.

9:28 AM

Hodes has outlined the five charges Malema was convicted of: unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions to avoid danger, and reckless endangerment. He says he will not read the full heads of argument into the record.

9:25 AM

Hodes has taken issue with the state's conduct, telling the court the prosecution filed supplementary heads of argument on Thursday 9 April — just four court days ago — with no application for condonation and no explanation. "No application for condonation was made, nor was any explanation provided," he said.

9:22 AM

Advocate Laurance Hodes, for the defence, is on his feet. He is setting out the procedural background — noting the defence filed its heads of argument on 31 March and the state filed its heads on 1 April. He confirmed the state has formally closed its case and will not lead any evidence in aggravation of sentence.

9:15 AM

Magistrate Twanet Olivier has just entered the courtroom. All rise.

9:11 AM

Malema is now inside the courtroom. Proceedings are expected to get under way shortly.

8:55 AM

Julius Malema has just arrived at the magistrate's court in KuGompo City flanked by his legal team and senior EFF leadership. He did not address the media on his way in.

8:50 AM

Thousands of EFF supporters clad in red berets and party regalia have massed outside the courthouse. Many camped overnight following last night's vigil. Police have deployed a heavy security cordon around the perimeter.

WRAP: Malema sentencing postponed to Thursday

WRAP | Malema defiant as sentencing postponed to Thursday