EFF leader Julius Malema. Picture: Nigel Sibanda
The trial against Economic Freedom Fighters (EFF) leader Julius Malema and his co-accused, Adriaan Snyman, for the alleged illegal discharge of a firearm has been delayed.
On Friday, the East London Regional Court postponed the case to 9 December due to the ill health of Magistrate Twanet Olivier.
The matter was deferred in the magistrate’s chambers by agreement, with neither Malema, Snyman, nor their legal teams present.
The proceedings had been scheduled for the presentation of closing arguments from both the state and the defence.
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This postponement comes after the defence concluded its evidence in June, during which they called two expert witnesses specialising in firearm control and forensic ballistics to testify on Snyman’s behalf.
Malema also took the stand to testify in his own defence.
“All the witnesses were cross-examined by Advocate Joel Cesar, for the state, after which the matter was postponed for all parties to submit written heads of arguments before the next court appearance,” the National Prosecuting Authority (NPA) said in a statement.
The state concluded its case in 2023, presenting evidence from 19 witnesses, including testimony from the investigating officer, Rodney Swartbooi.
Malema and Snyman are facing charges of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions regarding persons or property, and reckless endangerment to person or property.
Both have pleaded not guilty to the charges.
The case stems from an incident in 2018 at the EFF’s fifth birthday celebration at Sisa Dukashe Stadium in Mdantsane, Eastern Cape, where Malema fired a firearm allegedly owned by Snyman’s security company.
Malema was caught on video allegedly discharging what appeared to be an automatic rifle.
READ MORE: Malema sticks to his guns, maintains he’s being wrongly prosecuted
However, he has consistently argued that the firearm was merely a toy.
The authenticity of the video footage itself has been challenged during court proceedings.
Malema had previously applied for Magistrate Twanet Olivier’s recusal from the case, citing concerns about her impartiality.
However, his application, which the state opposed, was dismissed in February 2023.
In addition, both Malema and his bodyguard, Adriaan Snyman, sought to have the charges against them dropped, claiming insufficient evidence.
This application was also rejected by Olivier, allowing the case to proceed.
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