Advocate Joel Cesar, the state prosecutor, told the East London magistrates’ court on Monday that Julius Malema, the leader of the EFF, “lied” about the kind of gun he used in celebrations of the party’s fifth birthday in 2018.
In contrast to what Malema claimed in his chief evidence, Cesar claimed that Malema fired a real gun.
According to Cesar, Malema made up the story that he did not see people fleeing after gunshots.
The state and defence presented closing arguments in Malema’s public firearm discharge case, which resumed on Monday.
The case concerns the July 28, 2018, shooting incident that occurred during the EFF’s fifth birthday celebration at the Sisa Dukashe Stadium in Mdantsane, East London, Eastern Cape.
“Accused number one [Malema] was untruthful in his testimony about how a 9mm handgun looks like and the type of firearm that was used as shown in the video,” according to Cesar.
He lied about shots fired
“He owns a 9mm Taurus gun. He lied about seeing people running after shots were fired. He lied about the number of shots fired.”
According to Cesar, “it was a real 9mm and not a toy gun” that was fired on the day in question, based on expert testimony that 15 shots were fired.
“Based on the evidence of how and where the shots were fired and the reaction of the people in the direction the shots were fired, the accused knew the firearms were real.
“He knew they would pose a serious danger if fired directly at the people in the crowd. Both firearms were real firearms.
“The shots were fired away from the masses assembled because of the danger posed if fired directly.”
Cesar stated that the inconclusive evidence in the video footage, which shows Malema firing shots, prevents the state from conclusively proving that his co-accused, bodyguard Adriaan Snyman, gave Malema a firearm to discharge.
Advocate Lawrence Hodes SC, Malema’s attorney, claimed in his closing arguments that Malema fired a toy gun rather than a real one.
Closing arguments continue in January
Magistrate Twanet Olivier moved the case to January 23 and 24 so that advocate Shane Matthews, Snyman’s attorney, could begin his closing arguments and Hodes could finish.
Malema is charged with three counts of violating the Firearms Control Act, unlawfully possessing a firearm, and unlawfully possessing ammunition.
Snyman is charged with one count of violating the Firearms Control Act and neglecting to take appropriate measures to prevent harm to property.
Malema and Snyman have pleaded not guilty to all charges.
