‘Court must not make mistake of asking me to take a stand’ – Malema

Economic Freedom Fighters (EFF) leader Julius Malema was in high spirits on Thursday despite the negative outcome of his application for the recusal of Magistrate Twanette Olivier.

Malema and his bodyguard Adriaan Snyman returned to the East London Regional Court on Thursday, on accusations of firing a rifle at the EFF’s fifth anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in 2018.

The case against the EFF leader took a new turn on Wednesday after he applied for the magistrate to recuse herself over accusations of being biased and of taking a prosecutorial role.

Though the application failed, Malema said the defence and the magistrate were now on the “same page”.

“Those who are given the responsibility to preside over the law must respect the law too, they must also respect us too. When we asked for the magistrate to recuse herself, we were not playing games,” Malema told supporters outside the court.

“We did it because at one point we felt like she descended into the arena. And on her own, she clarified she was not in the arena and we said to her ‘stay there, don’t make a mistake of coming to the pitch, continue being a linesman’.

“We were making her aware that there was some temptation which we have observed. Now we’re back to square one, we’re together. You respect us, we respect you.”

Section 174 application The EFF leader said the state had no strong case against him, cautioning against the “mistake” of putting him on the stand.

“We are here today, not because we committed any crime but because we hold a different political view and they want to use the court and power they have to persuade us to agree with them. They are not using the political space and argument to persuade us to agree with them and that is an attempt to intimidate us.

“You must never, under any circumstances, die being on your knees. As a fighter and revolutionary, it doesn’t matter what circumstances you’re confronted with, you must die with your boots on, never surrender to the state and powerful and establishment.”

Malema said when all is said and done, he would apply for Section 174 of the Criminal Procedure Act, which according to the NPA, “involves the right of an accused to be discharged from the offence, he has allegedly committed where, at the close of the State’s case, there is no evidence on which the court may draw the accused to the charge.”

“Nobody can stand against me. When they close their case we’ll apply for 174, when they reject our 174 and ask me to take a stand, both the magistrate and the prosecutor will quit their jobs after that trial because there is no capacity here, with the lousy case they have,” said Malema.

“If they make a mistake of saying Malema must get into the box, they must tell their relatives that they have just signed their pension forms because their career will be finished that day. We’re not shaken or intimidated, we are here because we respect the law.”