Marcus Moloko
Magistrate Twanet Olivier is set to deliver judgment by the end of Tuesday in the high-profile firearms discharge trial of Economic Freedom Fighters (EFF) leader Julius Malema and his former bodyguard, Adriaan Snyman, seven years after a rally incident that drew national attention.
The charges stem from events on July 28, 2018, when Malema allegedly fired a rifle into the air while standing on stage alongside Snyman at the EFF’s fifth-anniversary celebration rally at the Sisa Dukashe Stadium in Mdantsane, a township near East London.
Both men were charged with illegal possession of firearms, contravention of the Firearms Control Act, illegal possession of ammunition, and reckless endangerment to persons or property.
The Firearms Control Act 60 of 2000 prohibits the discharge of a firearm in a public space without lawful justification, citing risks to human life and property.
Olivier started handing down judgment on Monday, and has painstakingly gone through all the evidence and witness statements, saying this will provide context for the court’s decision.
During the rally, a video was captured showing Snyman handing what looked like a weapon to Malema, who then allegedly discharged the firearm near a large crowd. The footage circulated widely online, sparking public outcry and prompting complaints to the South African Police Service (SAPS) and the Directorate for Priority Crime Investigation, known as the Hawks.
The recording quickly went viral, trending on social media platforms, with many users demanding that Malema be charged for publicly discharging a firearm.
Evidence presented in court included two separate video clips supplied the company contracted by the EFF to manage stage technicalities and record the rally from multiple camera angles. These clips appeared to show Snyman passing a rifle-like object to Malema, who then raised it and fired into the air.
Malema and Snyman have pleaded not guilty to all charges. Their defence has maintained throughout proceedings that the item in question was not a real rifle but a toy gun incapable of firing live ammunition.
Olivier did say that there was no forensic evidence linking Malema directly to the weapon. “The witness confirmed that Deoxyribonucleic Acid (DNA) and fingerprints were not linked to Malema. He also confirmed that his house was not searched and no weapon was found in Malema’s possession,” Olivier said.
The defence has argued that the absence of physical evidence, such as fingerprints or DNA, combined with the lack of a recovered firearm, supported their contention that Malema could not be convicted.
Snyman faces identical charges, given his alleged role in handing the firearm to the EFF leader.
Should Malema be found guilty and handed a jail term of longer than a year, without the possibility of a fine, he could be prevented from remaining in parliament.
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