THE East London Magistrates’ Court has rejected EFF leader Julius Malema’s bid to get his gun charges dismissed by the State.
Magistrate Twanett Olivier handed down judgment on Malema and his bodyguard, Adriaan Snyman’s discharge application to get the gun charges against them dismissed on Thursday morning.
The pair brought the application in terms of Section 174 of the Criminal Procedure Act, arguing that the State lacked sufficient evidence to prosecute them over the gun charges related to a shooting incident that took place in 2018, when they were at Mdantsane’s Sisa Dukashe Stadium, in the Eastern Cape, during the fifth birthday celebrations of the EFF.
The EFF leader allegedly fired a gun in public, which was apparently handed over to him by Snyman.
Snyman faces one count of contravening the Firearms Control Act and failure to take reasonable precautions to avoid danger to a person’s property. Malema faces charges of unlawful possession of a firearm, unlawful possession of ammunition and three counts of contravening the Firearms Control Act.
Malema and Snyman pleaded not guilty to the charges against them.
In her judgment, Olivier sided with the State, ruling that it had enough evidence, including CCTV footage and witnesses, to proceed with the trial against Malema and Snyman. She ordered the trial to continue since the discharge application was not granted.
Olivier ruled: The application for a discharge in terms of Section 174 of the Criminal Procedure Act is not granted.
Olivier also dismissed Malema’s argument that the gun was a prop or movie gun.
“The mere say that it was a movie gun does not make it so… it’s not evidence, the mere say so,” she said.
The case against Malema and his bodyguard has become a political battlefield between the EFF and the civil rights group, Afriforum, who took the EFF to court regarding this case.
City Press previously reported that Jacques Broodryk, spokesperson for AfriForum, said they were not happy with how long the case had dragged.
Broodryk said: “Unfortunately, we have seen many unnecessary delays in this trial. Even getting the case to trial was a challenge as the NPA [National Prosecuting Authority] mulled acting, even though the prima facie evidence in the matter was overwhelming.
“It’s a pity that Mr Malema’s council has chosen to abuse court proceedings with delay tactics, yet again, as they’ve done before in this case,” he added.
Broodryk further said it was clear that there was a strong case against Malema and Snyman and that their discharge application was a desperate act to attempt to buy time.
He said Malema committed a dangerous crime and must be held responsible for his actions.
“It’s as simple as that. Politicians are not above the law,” Broodryk said.
Image (EFF’s Julius Sello Malema and bodyguard wants the gun charges dropped against them).
