Economic Freedom Fighters (EFF) leader Julius Malema has been found guilty after a lengthy judgement that stretched over three days in the East London Magistrate’s Court in Eastern Cape.
Malema, together with his bodyguard Adriaan Snyman, faced charges under the Firearms Control Act, including unlawful possession of firearms and ammunition.
Firing gun in public
The criminal case stems from the 5th EFF anniversary celebration at Sisa Dukashe Stadium, where Malema was accused of firing a gun in public.
For three days the courtroom sat in silence as Magistrate Twanette Olivier read through her detailed ruling, page after page, but she finally brought the long judgement to an end on Wednesday.
Olivier delivered her ruling in measured tones, declaring Malema guilty while acquitting Snyman. Still, Snyman chose to stay beside Malema after being offered to either leave or stay behind.
“The court finds as follows: indeed, the inference sought is supported by all the facts contained as per the evidence presented in court. And therefore the following findings are made: accused one [Malema], in respect to counts one, two, three, four, and five, you are found guilty as charged. accused two, Mr Snyman, in respect of counts four and six, you are found not guilty and discharged,” said Olivier.
After the judgement was delivered and Snyman was offered to leave Malema or stay, he chose to stay behind.
Evaded serious questions
Olivier highlighted that Malema had evaded questions that warranted a reply and recklessly answered other questions, including his reply on the video footage, saying he could not count the shots.
When asked how the cartridge found was linked to him, Malema responded, “It must have been the holy spirit”.
“These types of answers did not do accused one [Malema] any favours. In essence, when one is questioned in the witness stand, a mere question is asked, which needs a response; one would expect that the question would be answered,” said Olivier.
The matter has been postponed to January 23 for the pre-sentencing reports. Olivier said it is not guaranteed that sentence will be pronounced on the same day depending on what Malema and his legal representatives will present before the court on that day.
Speaking outside the court, Malema said he appreciated that Snyman was not found guilty, as he believes that he is the catch.
Prison a badge of honour for revolutionaries
“As a revolutionary, going to prison or death is a badge of honour. We cannot be scared of prison, we cannot be scared to die for the revolution,” said Malema.
He urged the party members not to deter, saying that this matter would be fought up to the Constitutional Court should there be a need.
He said after the sentencing they will immediately appeal the matter, so they may take it up with a high court, saying the judgement is faulty.
“The strategy has always been [that] you must try to charge Malema with everything, one day, maybe we’ll find a racist judge who will find him guilty whether he is guilty or not because accused number two gave me the firearm. Now they are releasing him, which means he didn’t give me the firearm. Why are you not releasing me when you release the person you allege gave me the firearm?
“By releasing accused number two, the whole case should have collapsed, but the racist was looking for me, and that’s why they could not collapse the case. For a racist reason, to appease the AfriForum, to appease the Oval Office of Donald Trump, to appease all the white supremacists of South Africa who want to undermine the dignity and the struggle of black people,” said Malema.
He also urged the red berets to remain calm and return to branches to fight for the upcoming 2026 local elections.
