Malema guilty of gun charges

EFF leader Julius Malema has been found guilty of contravening the Firearms Control Act by the East London Magistrate’s Court.

Malema and his bodyguard, Adriaan Snyman, have been on trial for several years for discharging a firearm at the party’s fifth birthday celebrations in Mdatsane in 2018.

Malema and Snyman were also accused of unlawful possession of a firearm.

Both pleaded not guilty, and Malema had told the court the firearm was a toy. While Malema was found guilty on five charges, Snyman was found not guilty on two charges.

The marathon verdict ran over three days, with Malema visibly distracted, yawning, and disengaged. At times, he put his head down.

In Magistrate Twanet Olivier’s judgment, she stated that the footage of the incident was not a pivotal piece of evidence as other testimonies were sufficient in proving Malema’s guilt.

“The court is of the view that the viral footage is not needed to enable the court to arrive at a finding in this regard,” stated the magistrate.

The matter was postponed to 23 January for the presentencing reports and Malema’s bail was extended.

Olivier clarified that there was no guarantee that Malema would be sentenced on that date, as the defence may wish to call witnesses to testify in support of the EFF leader.

Malema’s argument

Malema’s legal representative, Advocate Shane Matthews, previously argued that the state failed to prove beyond a reasonable doubt that Malema was handed a firearm by Snyman.

Matthews claimed that the state had relied on a video downloaded from social media, rather those on the scene.

“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 complainants 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.”

Solid evidence, says the state

However, the state argued that the events in the video were corroborated by witnesses it had called during the trial.

It said another piece of crucial evidence was the bullet cartridge, found by a municipal worker at the stadium two days after the EFF rally celebrations, which was linked to a firearm from Snyman’s company.

“Your worship, this is just a normal, ordinary person who was performing her duties on the day in question. She has no interest in this particular matter… she didn’t even know what that spent cartridge that she picked up was,” Advocate Joel Cesar argued.

Cesar maintained that the state presented solid evidence to prove its case.

“A real firearm was brought into this court belonging to the company of accused number two, a real spent cartridge was brought for the court to examine and look at the footage.

“I am of the view and its my submission that the court was placed in the best position to assess the evidence, to look at it and make its findings in this regard.”

Attempt for case to be thrown out

Malema applied in 2023 for the case to be thrown out, but this was rejected by Olivier.

The EFF responded by accusing the magistrate of corruption and incompetence, leading to calls for him to apologise.

“They will get it [an apology] in hell,” Malema responded.

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Additional reporting by Faizel Patel, Molefe Seeletsa, and Chulumanco Mahamba.