The East London Magistrate’s Court has postponed judgment in the firearm case involving EFF leader Julius Malema and his security official, Adrian Snyman, to September.
This matter is about an incident from the EFF’s fifth anniversary rally held at Mdantsane in 2018, where Malema is accused of discharging a firearm during the celebration.
Snyman is alleged to have supplied the firearm.
During Monday’s closing arguments, Snyman’s lawyer, Shane Mathews, urged the court to take a step back and look at the matter objectively.
Defence asks for fair ruling
Mathews said the court’s task is to arrive at a fair and proper decision.
He emphasised that the EFF, as a registered political party in the country, had a right to hold the birthday celebration rally, and he stressed that it had done so in a structured and coordinated manner.
“A joint operation of command had been established prior to this, which encompassed numerous police divisions and, obviously, even paramedics,” said Mathews.
At least 20 000 to 30 000 supporters attended the celebration, and many prominent figures were present, he said.
However, he said no one lodged a complaint at the time about the alleged discharging of a firearm that took place.
According to him, it was only after a video surfaced on social media, allegedly showing Malema firing a gun into the air, that the police launched an investigation.
Mathews said this led to the police being the complainants in this case.
“I emphasise this point because it relates to count four, which alleges that accused number two possessed a loaded firearm in circumstances that posed a risk to the safety and property of the general public.
“Nobody has come forward to testify about this, and the state’s concession that it cannot justify a conviction on the basis that accused number two handed any firearm at all to accused number one is well-founded,” said Mathews.
Firearm booked for Mavundla
He further argued that the person who should have been brought in to answer for the firearm is Larry Mavundla, following a testimony by lawyer and firearm expert Martin Hood.
He said the firearm was booked for Mavundla, and he was present at the celebration and on stage.
State prosecutor Joel Cesar told the court that the cartridge was found near where the event was taking place, and this showed that a firearm was indeed discharged.
He said the video evidence presented to the court best described the day’s events.
Cesar said: “No witness could describe the incident, the clothing, the singing, the chanting, who stood where, and where accused number one was when the shot was fired.”
“I have submitted that it [the video] is the best silent witness, the best evidence that any court would ask for.”
