Magistrate Twanet Olivier has dismissed EFF leader Julius Malema’s bid to have a firearm case struck off the court roll.
This is due to lack of evidence, Olivier said in the East London magistrate’s court where Malema and his co-accused bodyguard Adriaan Snyman appeared on Thursday.
The charges emanate from an incident during the EFF’s fifth birthday celebration at Mdantsane’s Sisa Dukashe Stadium in East London in 2018.
It is alleged that the red berets’ leader fired a firearm in public after it was handed over to him by Snyman.
The duo has, however, pleaded not guilty to all charges and invoked section 174 of the Criminal Procedure Act to have themselves discharged from the alleged offence.
During the court proceedings, the duo contended that the evidence presented by the state is not reliable given that no witness reported the incident.
Malema and Snyman further argue that the police officers present on stage during the event neither witnessed the alleged charge nor filed complaints about it.
The court also heard from Snyman’s lawyer, advocate Shane Matthews, that the state failed to produce witnesses who could validate the claim that the bodyguard was in possession of a firearm or even handed it over to Malema.
However, the state countered the application by asserting the strength of its case.
Delivering her judgment, Oliver said there was insufficient evidence in the duo’s arguments.
She further dismissed Malema’s claim that the gun was a mere prop or movie gun as having no validity in the current state of the case.
“In light of the evidence that’s been presented so far, the application of discharge in terms of section 174 of Act 51 of 1977 is not granted,” said the magistrate.
Addressing throngs of supporters gathered outside the court building, Malema said the case is politically motivated.
“The state has kept me here for the past five years because they cannot defeat my political ideas. They use the courts, abuse state power and security forces to suppress my voice,” he told his supporters.
“They will never win against me. I am not scared of prison. No prison can stop me from executing what I stand for, no racist magistrate can stop me from executing that which I stand for.”
He also lambasted the conduct of the magistrate when she was delivering the verdict.
“She is an incompetent magistrate who comes late to court, cannot get her papers in order, and cannot read her own judgments.
“She adjourns court during the middle of her judgment to go to a back seat and receive a call from Pravin Gordhan, [Cyril] Ramaphosa, [Shamila] Batohi.
“When she comes back to give a judgment, she is shaking like hell, because it is not her judgment, it is a sponsored judgement.
“Where have you ever heard such a thing that a magistrate leaves in the middle of a judgment to go behind court … I do not care about her feelings, I care about the law.”
