Economic Freedom Fighters (EFF) president Julius Malema will have to wait another day to know his fate after the judgment in his firearms case was rolled over from Monday to Tuesday morning.
The case was brought by Afrikaner lobby group AfriForum in 2018 after a video showed Malema firing what appeared to be an assault rifle — apparently handed to him by his then bodyguard Adriaan Snyman — in front of a packed crowd at the EFF’s fifth anniversary celebration rally at the Sisa Dukashe Stadium in the Eastern Cape.
Magistrate Twanet Olivier spent the entire Monday reading the testimony and cross-examination of witnesses who testified during the trial in which Malema and Snyman were charged with contravening the Firearms Control Act, including the unlawful possession of firearms and ammunition.
“I have tried to read as fast as humanly possible. We will continue tomorrow and I am confident that there will be sufficient time for judgment to continue on 30 September. You are both on bail and bail is extended and warned to be present to proceed by 9am,” she told Malema and Snyman at the day’s adjournment.
Olivier had warned when she started delivering the judgment that it would take a while to conclude, because it was necessary to provide context on how she arrived at her decision, and she needed to repeat evidence and certain aspects of cross-examination.
A visibly angry Malema later left the court, flanked by his top five officials and EFF supporters. The Red Beret leader says the seven-year-old case is politically motivated.
AfriForum accused Malema of putting lives in danger by firing a gun in a populated area, while Snyman is accused of handing Malema the rifle.The state argued that this was reckless and endangered lives. Malema and Snyman, through their lawyers, argued that there was insufficient evidence to prosecute them.
During the trial, one of the witnesses, a cleaner at the Buffalo City municipality and was tasked with cleaning the stadium after the rally, told the court that she found an empty cartridge, which was later given to the police.
But Malema argued that the firearm in question was fake and contained no live ammunition, and that it was a prop gun firing blanks. He said any object lacking live rounds cannot be considered a firearm and thus he had not breached the Firearms Control Act.
Delivery of the ruling by magistrate Twanet Olivier will continue on Tuesday
