Economic Freedom Fighters (EFF) leader Julius Malema has criticised magistrate Twanett Olivier saying her judgment in his ongoing firearm case was a “sponsored judgment”.
Malema was addressing a crowd of red beret supporters outside the East London Magistrate’s Court on Thursday where judgment was handed down.
Olivier denied Malema’s application to have his 2018 case of illegally discharging a firearm thrown out of court.
Malema accused Olivier of being corrupt and incompetent after she adjourned the court for a short while because she had forgotten notes of her judgment in her chambers.
The EFF leader said they requested for the trial to be postponed to July next year after the national elections.
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“We want to come back here and to sit and listen to that incompetent magistrate who comes late to court, can’t get her papers in order, can’t read her own judgments, who adjourns the court during judgment to go back seat and receive Pravin Gordhan’s call, receive Ramaphosa’s call and receive Batohi’s call.
“When she comes back to give her judgment, she’s shaking like hell because it’s not her judgment, it’s a sponsored judgment. Where have you heard such a thing that a magistrate leaves in the middle of a judgment to go behind the court and when she comes back, she’s shaking like a little girl in Grade 1 to give an English presentation in front of her classmates,” Malema shouted.
Malema and his bodyguard Adriaan Snyman appeared in the East London Magistrate’s Court on Thursday.
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,” Olivier ruled.
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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 the Sisa Dukashe Stadium in Mdantsane.
Malema and Snyman have pleaded not guilty to all six charges.
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