EFF Lodges Formal Complaint Against Prosecutor in Julius Malema Firearm Case
The Economic Freedom Fighters (EFF) and its leader, Julius Malema, have filed a formal complaint against state prosecutor Advocate Joel Sesar with the National Director of Public Prosecutions (NDPP), alleging serious misconduct in the high-profile firearm case heard in the East London (Gompo) Regional Court.
According to the EFF’s legal representatives, Adv. 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.
The party claims this action violated Section 34 of the Criminal Procedure Act, which regulates the disposal of exhibits after criminal proceedings, and constituted acting ultra vires (beyond his authority) as an officer of the court.
The complaint further accuses Sesar of breaching the National Prosecuting Authority Act and the NPA Code of Conduct through prosecutorial overreach, alleged misrepresentation to the court, and interference with the administration of justice.
The allegations surfaced during sentencing proceedings related to Malema’s conviction on charges of unlawful possession of a firearm and discharging it in public at an EFF rally in Mdantsane in 2018. Malema was recently sentenced to five years’ direct imprisonment but has been released on warning pending appeal.
Tensions ran high outside court, with Malema criticising both the magistrate and the prosecutor, prompting the NPA to condemn subsequent social media threats directed at Adv. Sesar.
In a letter dated 22 April 2026, the EFF’s lawyers urged the NPA to investigate and take appropriate disciplinary measures against the prosecutor.
The NPA has not yet issued a detailed response to the specific complaint, though it previously defended its prosecutors amid the heated public exchanges.
This development adds another layer of controversy to a politically charged case that has drawn significant attention across South Africa, highlighting ongoing debates around prosecutorial conduct, evidence handling, and the intersection of politics and justice. The National Director of Public Prosecutions is expected to review the matter in due course.