EFF leader Julius Malema has been found guilty of contravening the Firearms Control Act, the East London Magistrate’s Court has ruled. The verdict follows a lengthy trial stemming from an incident at the EFF’s fifth birthday celebrations in Mdatsane in 2018, where Malema discharged a firearm.
Malema and his bodyguard, Adriaan Snyman, have been on trial for several years in connection with the incident. Both were charged with discharging a firearm and unlawful possession of a firearm. They pleaded not guilty to all charges, with Malema claiming that the firearm in question was a toy.
After a marathon verdict that spanned three days, Magistrate Twanet Olivier found Malema guilty on five charges. Snyman, however, was found not guilty on two charges. Throughout the proceedings, Malema appeared distracted, often yawning, disengaged, and at times, putting his head down.
In her judgment, Magistrate Olivier stated that while footage of the incident went viral, it was not the pivotal piece of evidence in the case. She stated that other testimonies provided 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,” she stated.
The matter has been postponed to 23 January for the presentencing reports to be compiled. Malema’s bail has been extended until then. Magistrate Olivier clarified that there is no guarantee that Malema will be sentenced on that date, as the defence may wish to call witnesses to testify in support of the EFF leader.
Malema’s legal representative, Advocate Shane Matthews, had 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 relied on a video downloaded from social media, rather than testimonies from those present at 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," Matthews argued.
He continued, “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."
Matthews further argued that "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.”
The state, however, maintained that the events depicted in the video were corroborated by witnesses called during the trial. Advocate Joel Cesar highlighted that a crucial piece of 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 Cesar argued, emphasising the impartiality of the witness.
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 it's 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,” Cesar concluded.
In 2023, Malema applied for the case to be thrown out, but this application was rejected by Magistrate Olivier. Following this rejection, the EFF responded by accusing the magistrate of corruption and incompetence, leading to calls for Malema to apologise. Malema's response to these calls was defiant: “They will get it [an apology] in hell.”
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