Court denies Malema’s bid to have gun charges withdrawn

The East London Magistrate’s Court has dismissed Economic Freedom Fighters (EFF) leader Julius Malema‘s bid to have his 2018 case of illegally discharging a firearm thrown out of court.

Malema and his bodyguard Adriaan Snyman appeared in the East London Magistrate’s Court on Thursday where Magistrate Twanett Olivier handed down judgment.

Application denied

Olivier dismissed the two accused’s application to withdraw all charges against them due to lack of evidence. 

“I have in the evidence clarified the issues and heads raised. I have given reasons for the decision and to add whether it is correct or not in respect of accused one (Malema), a mere say so that it was a movie gun does not make it so. It’s not evidence, the mere say so in the light of the evidence that has been presented so far.

“So, in that light, the application for discharge in terms of Section 174 of Act 51of 1977 is not granted,” Magistrate Olivier ruled.

Magistrate Olivier adjourned the matter and met with counsel in chambers to discuss a date for the resumption of the trial.

The trial is expected to resume in July next year.

ALSO READ: ‘I can’t tell whether it’s a real gun’ – Malema pushes for charges to be dropped

Charges

Malema and Snyman who pleaded not guilty to all six charges levelled against them, invoked Section 174 of the Criminal Procedure Act.

Malema is facing five charges, including the unlawful possession of a firearm and ammunition, discharging a firearm in a public space and reckless endangerment to person or property, while Snyman faces two charges under the Firearms Control Act.

The charges stem from an incident in 2018 in which Malema was captured on camera allegedly firing what appeared to be an automatic assault rifle during the EFF’s fifth birthday celebrations at Sisa Dukashe Stadium in Mdantsane.

The firearm was apparently handed to him by Snymaan.

Firearm

During previous court proceedings Malema’s lawyer, Advocate Laurance Hodes argued the State while the had reached the end of its case, it could determine details of the alleged firearm that was allegedly fired during the EFF’s celebrations.

“The make of the firearm and ammunition allegedly used, which is still unknown to the state at the end of the case, speaks volumes.”

The state wrapped up its case with investigating officer Rodney Swartbooi as its last witness.

Swartbooi testified there was no witness who complained about any risk or danger when the alleged firing incident took place.

ALSO READ: EFF leader Malema to learn fate in gun charges matter