Leader of the Economic Freedom Fighters Julius Malema in court after he was granted leave to appeal against a five-year prison sentence on 16 April 2026. (Photo: Reuters / Esa Alexander) Julius Malema’s comments at the expense of court officials involved in his KuGompo firearm case could have far-reaching implications – including how the media covers court proceedings.
After the EFF leader’s insults and comments directed against magistrate Twanet Olivier, the Department of Justice and Constitutional Development seeks to impose a rule that the faces of presiding officers, as well as prosecutors, are not shown during live broadcasts from within a courtroom.
The department has also agreed with the National Prosecuting Authority (NPA) that Malema’s perceived threats against court officials be investigated and appropriate action be taken.
The concerns raised by the NPA and the Department of Justice come after Malema took to the stage outside the KuGompo Magistrates’ Court last week to address a crowd of EFF members following his effective five-year sentence for several firearm-related transgressions during the party’s fifth birthday celebrations in Mdantsane in 2018.
His address was broadcast live on the EFF’s X page, while tweets quoting his statements were posted in between.
During his address, he called Olivier “the most incompetent magistrate” as well as “a racist of note”, adding that she had possible ties to AfriForum, which initially laid the charges that led to his conviction and sentencing.
/file/attachments/orphans/ED_593338_567980.jpg "Magistrate Twanet Olivier presides in EFF leader Julius Malema’s pre-sentencing in the firearms discharge case in KuGompo on 23 January 2026. (Photo: Gallo Images / Randell Roskruge)")
Malema further accused the magistrate of applying the law incorrectly, of not reading the evidence before the court and of making rulings based on emotions and politics.
“She goes around fundraising reasons why we must go to prison. We are dealing with someone who does not apply the law [...] Her and reading are not friends. They are not the same WhatsApp group,” Malema continued.
He said he was happy to be done with the proceedings because he no longer wanted to see “her ugly face”.
Department spokesperson Terrence Manase said any conduct that sought to undermine the dignity, independence and safety of judicial officers was a serious concern for the department.
He said the department agreed with the NPA that the reported comments and threats be assessed and investigated to determine the appropriate course of action and ensure that such conduct did not set a precedent.
“In this context, I can confirm that the Minister is writing to the South African National Editors’ Forum (Sanef) and judicial officers to introduce conditions for the broadcasting of court proceedings, including that the faces of judges, magistrates and prosecutors should not be shown.”
Most courts, particularly during regional court proceedings, insist that media organisations bring an application to cover proceedings on a case-by-case basis. These applications are usually done in writing before the start of proceedings, and the presiding officer will give a final ruling on whether proceedings may be recorded or broadcast live.
Judges and magistrates may also impose certain conditions on what may be recorded, for example, whether the presiding officer’s face may be shown during proceedings.
Manase said the department would encourage judges and magistrates to impose stricter conditions when considering applications for media coverage.
The NPA voiced similar concerns for the safety of its officials following Malema’s comments outside the KuGompo courthouse.
/file/attachments/orphans/pic10_601365.jpg "State prosecutor, advocate Joel Cesar, was publicly insulted and threatened by EFF leader Julius Malema. (Screengrab: SABC News)")
Malema went after state advocate Joel Cesar, saying he was arrogant and suffered from “short man syndrome”. He said Cesar needed to be “taught a lesson” and accused him of undermining court processes, overstepping his authority and perjury.
“And we can only teach him a lesson by sitting on his neck and making sure that he is prosecuted and arrested for lying to court and he is disciplined at work for exercising the powers he does not have,” Malema said.
In a statement, NPA spokesperson Kaizer Kganyago said the EFF’s X platform made statements that “contain serious threats” against Cesar.
“The NPA strongly condemns any form of intimidation or threats against its prosecutors. These officials serve the public by representing the State and are constitutionally mandated to execute their duties without fear, favour or prejudice.”
Kganyago said any threats, whether perceived as credible or not, had to be treated seriously and reported to the relevant law enforcement authorities.
He said that in the Eastern Cape specifically, the safety of prosecutors was a major concern as three prosecutors had been killed in the province in the past two years, two within four months last year.
In April, Ngcobo regional court prosecutor Elona Sombulula was shot and killed near his home in Mtentu.
In August, regional court prosecutor Tracy Brown was murdered while seated in her car, in the driveway of her Young Park home in Nelson Mandela Bay. She worked at the New Brighton Magistrates’ Court.
“The NPA remains resolute in its commitment to safeguarding its prosecutors and ensuring that they can perform their functions independently, safely and effectively. Prosecutors are officers of the court, and a threat to a prosecutor will attract consequences,” Kganyago said.
Malema was released on warning after being granted leave to appeal against his sentence. He has already approached the Makhanda high court to start the process.
While he was not granted leave to appeal against his conviction, he has indicated that he will fight that judgment as well.
Multiple attempts to reach EFF national spokesperson Sinawo Thambo were unsuccessful. DM