Malema conviction sparks complaint, EFF accuses State prosecutor of misleading court
· Citizen
The EFF and its leader, Julius Malema, have laid a formal complaint against State prosecutor Advocate Joel Sesar, citing misconduct in the East London firearm case.
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It comes after Malema was found guilty of violating gun laws at the East London Regional Court in KuGompo City, Eastern Cape, on Thursday, 16 April 2026.
Guilty
The EFF leader was convicted on multiple charges, including the unlawful possession of a firearm and ammunition, discharging a firearm in a public space and reckless endangerment.
After being found guilty, Malema partially succeeded in his appeal after being sentenced to five years in prison following his firearm discharge trial.
The case stems from a video circulated online, recorded during the EFF’s fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane on 28 July 2018, in which Malema is seen firing what appeared to be a rifle in front of thousands of supporters.
Court misled
The EFF said Sesar misled the court about the firearm discharged in public by Malema.
According to the EFF’s legal representatives, Sesar unlawfully authorised the return of a Norinco rifle (serial number SPA 249), central evidence in the matter, to Tactical Security Services before any court order was issued.
“Adv Sesar violated Section 34 of the Criminal Procedure Act by unlawfully authorising the return of a firearm before a court order was issued, acting ultra vires and exceeding his authority as an officer of the court.
“He breached the National Prosecuting Authority Act and the NPA Code of Conduct, raising concerns of prosecutorial overreach, misrepresentation to the court, and interference with the proper administration of justice,” the party said.
Judicial powers
In a letter dated 22 April 2026, the EFF’s lawyers accused Sesar of acting ultra vires and usurping judicial powers.
“The Court has the power to order the return of an exhibit… The prosecutor (the State) does not have such authority. Adv Sesar thus acted ultra vires and exceeded his powers and authority, entirely.”
The EFF urged the NPA to investigate and take appropriate disciplinary measures against Sesar. The NPA has not yet issued a detailed response to the specific complaint.