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Leader of the EFF, Julius Malema, and his legal team are resorting to deplorable delaying tactics in Malema’s firearm discharge case, AfriForum said today. AfriForum laid charges against Malema in 2018 after a video emerged of Malema appearing to discharge a rifle in public. 

The state continued its case against Malema and his bodyguard, Adriaan Snyman, in the East London Regional Court this week, but Malema’s legal team today filed applications for discharge in terms of Section 174 of the Criminal Procedure Act, claiming that there was not enough evidence to prosecute the accused. Magistrate Twanet Olivier, however, dismissed the application, indicating that the trial will proceed.

“It’s a pity that Malema’s council has again turned to delaying tactics, as they’ve done before in this case. It’s clear that there is a strong case against the accused and this application is ludicrous. Malema committed a crime, a dangerous crime, and must bear the consequences of his actions. It’s as simple as that,” says Jacques Broodryk, AfriForum’s spokesperson for Community Safety.

Malema’s counsel today argued that the viral video that emerged of Malema appearing to discharge a rifle in public could not be authenticated; that no one who attended the event in question actually heard the shots alleged to having been fired; that there are no evidence that Malema had unlawful possession of ammunition or unlawfully discharged a firearm; and that the state failed to reconstruct the scene to see where the empty cartridge would land after being fired or even call an eyewitness to testify to seeing the firearm being shot and being scared because of this action. 

The state responded and submitted that real evidence was indeed submitted in this case. The firearm was produced before court for assessment and the court was also provided with videos as evidence to sustain the charge. Furthermore, videos from Gearhouse, the events company responsible for the audiovisual aspects at the EFF event in July 2018, as well as the so called “viral video” were also submitted to court as evidence. In the videos it clearly appears that the accused fired shots with the firearm he received from Snyman. The state also submitted that a cartridge was found in the same stadium and this cartridge was linked to one of Snyman’s firearms.

The matter has been postponed until 19 October, when magistrate Olivier will deliver her judgement on the application for discharge.

Issued by AfriForum