As support is being mobilised across the Economic Freedom Fighters (EFF) ahead of leader Julius Malema’s return to the dock next week, unease grows within the party over the potential outcome of his pre-sentencing proceedings.
Party structures across provinces are coordinating for supporters expected to gather outside the East London magistrates court, where proceedings will resume before magistrate Twanett Olivier.
In January, thousands of supporters gathered outside the court, wearing party regalia and chanting slogans in defense of their leader.
Party officials said buses were arranged from multiple provinces to show a coordinated national effort to demonstrate unity.
A similar turnout is expected when proceedings resume, with mobilisation efforts intensified in recent weeks through branch structures and regional command teams.
A senior leader told the Mail & Guardian that the mobilisation is not only about supporting Malema in court but also about reinforcing internal cohesion at a time of uncertainty.
“Seeing what our party has gone through in the recent months, this will help us in our work to rebuild our structures following electoral setbacks, making the upcoming court appearance a focal point for demonstrating organisational strength,” the leader explained.
Malema was convicted in October last year on charges linked to the discharge of a firearm during the party’s fifth anniversary rally in Mdantsane in the Eastern Cape in 2018.
The court found him guilty of unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area and reckless endangerment after video footage showed him firing a rifle into the air while addressing supporters.
Pre-sentencing proceedings, which began earlier this year, were postponed, leaving the party in uncertainty as it awaits the court’s decision.
If Malema is sentenced to more than 12 months without a fine, he will be disqualified from parliament and barred from public office for five years, a development that could significantly alter his formal political role.
As the court date approaches, some East London residents and business owners have raised concerns about safety and the potential for unrest if the outcome goes against Malema.
“We have seen before how quickly things can change when emotions are high,” said a shop owner near the court.
“People are worried that if the judgment does not go his way, the situation could become unpredictable.”
“It is not just about the court case, it is about the crowds,” said a resident.
“We are concerned about safety and whether businesses will be able to operate normally.”
Some business owners said they were considering adjusting operating hours on the day of the court appearance, citing uncertainty about how large crowds could affect access to the area.
Police presence is expected to be heightened around the court, with officers set to monitor the situation and maintain order, according to the national spokesperson of the South African Police Service, Athlenda Mathe.
“There will be police presence to ensure the safety of every citizen in and surrounding the court,” Mathe said.
EFF spokesperson Sinawo Thambo said the party viewed the case as politically motivated, describing it as “a political attack” and expressing no confidence in the magistrate.
He said the matter was being used to target Julius Malema, adding that the party would appeal “any nonsense sentence”.
The mobilisation comes as internal discussions intensify over leadership continuity, with senior party members expressing concern about the implications of a prison sentence.
Senior party members said the delay in sentencing has heightened anxiety among supporters, with concerns increasingly raised in branch meetings and provincial structures.
“There is discomfort on the ground as people are asking what happens if the commander-in-chief (CIC) is put behind bars. We cannot lose the CIC,” said a senior Gauteng leader.
Another senior official said the party had begun internal conversations about how leadership responsibilities would be managed if Malema were incarcerated.
“The organisation has to continue functioning and we are confident in our leaders. “However, it is hard to imagine the party not being led by the CIC. He brings the vision and direction we need, so we are mobilising to ensure there is sufficient support no matter the outcome,” the official said.
The leader added that while discussions about continuity had taken place, there was reluctance to formalise any succession planning. “There are conversations about how responsibilities can be shared but nobody wants to be seen as preparing for his absence,” the official said.
Discussions have included the possibility of maintaining Malema as CIC while delegating day-to-day operations to senior officials.
Deputy president Godrich Gardee has been mentioned in internal discussions as a leader who could assume greater responsibility, although insiders say there is no consensus within the party on potential successors.
“Gardee has experience but he is not the CIC and we are not de-campaigning him. It’s just that our observation shows that while we have confidence in our deputy president, election results may be in trouble,” a senior central command member said.
Legal analyst Ulrich Roux said sentencing is guided by what he described as the triad of factors, namely the offender, the offence and the interests of society.
“The court must balance punishment and fairness, considering both deterrence and the accused’s circumstances,” Roux said.
Direct imprisonment remains an option, with Malema facing a potential sentence of up to 15 years, although courts have imposed lesser penalties in cases where mitigating circumstances are accepted.
He has indicated that he intends to appeal the conviction, although an appeal does not automatically suspend a sentence and would require a separate application.
Political analyst Ralph Mathekga said the EFF’s structure is closely tied to Malema’s leadership, making questions of continuity particularly significant at this stage. “It is a party built around him. That is why questions about continuity become important when his position is uncertain.”
Political analyst Asanda Ngoasheng said the visible mobilisation of supporters ahead of the court appearance reflects both the party’s organisational strength and its electoral positioning.
“The turnout will demonstrate a political party that has not just members but active members, which is particularly significant in an election year,” Ngoasheng said.
She said the nature of the support also raised broader questions, given that Malema has already been convicted and is now in the sentencing phase.
“This raises questions about society’s engagement with the rule of law. Why do we see large numbers of people supporting someone who has been found guilty of a criminal offense?”
She added that the offence itself, involving the discharge of a firearm in a public setting, should be understood in the context of the country’s high levels of gun violence. “This is not something that should be normalised or encouraged. In a country facing serious levels of gun-related crime, such actions carry significant risk.”
Analysts also warned that a custodial sentence could have complex political consequences. While it could disqualify Malema from parliament, it could also strengthen his symbolic standing within the party and among supporters.
They cautioned that such an outcome could also trigger instability among sections of his support base, particularly if the sentence is perceived as unjust.
Party officials said mobilisation for court appearances is being used to reinforce unity, demonstrate organisational strength and canvass support ahead of the local government elections. “The message is that the organisation stands with its leader,” a senior leader said.
Party structures across provinces are coordinating for supporters expected to gather outside the East London magistrates court, where proceedings will resume before magistrate Twanett Olivier