No one came forward to complain about EFF’s celebration, argues defence in Malema case

Advocate Shane Matthews, the legal representative of EFF leader Julius Malema’s co-accused in the firearm discharge case, has argued that the state failed to prove its case beyond reasonable doubt.

Malema and Adriaan Snyman returned to the East London Magistrate’s Court on Monday, where closing arguments were heard.

They are accused of firing a gun in public at the EFF’s 2018 anniversary rally.

They have both pleaded not guilty, and Malema has told the court the firearm was a toy.

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Matthews argued that the state had not proved beyond reasonable doubt that Malema was handed a firearm by Snyman. He said it had no evidence, apart from a video downloaded from social media.

‘Malema did not just rock up’

He further argued that it was bizarre that out of the estimated 30 000 people who were in attendance at the celebration, not one had come forward to testify about the alleged incident.

“The EFF is a registered political party in South Africa. It had a right to engage in the celebrations as it did on the day in question. We need to understand that it simply did not rock up at the stadium, pitch up a tent, and start a shindig,” said Matthews.

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“A joint operation command had been established prior to this, which encompassed numerous police divisions and paramedics. There were at least 20 000 to 30 000 people present on the scene, who had come for the celebration.

“As we have seen, there were quite a few prominent people who were present. Long after the dust had settled, not one person came forward to lay a complaint about what had happened on the evening in question.

“Instead, the police picked up a video on social media which allegedly depicted Malema firing what they claimed was a firearm into the air and from thereon, an investigation was launched. In fact, the police themselves are the complainant in this case.

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“No one has come to testify that the bodyguard had a loaded gun, which placed the public in danger. The state conceded that it cannot justify a conviction on the basis that accused number two handed any firearm at all to accused number one.”

‘No evidence’

There is no sufficient evidence to justify a conclusion that Snyman handed a firearm to Malema, he argued.

“In fact, the state is now arguing the opposite. It says that looking at the viral video, he was just as surprised as everybody else on the stage.

“There is no proof of any physical damage caused by any live rounds having been fired by accused one on the stage in the stadium during the celebration.”

The case has been postponed to 29 September 2025 for judgment.

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