Judgement day clock ticks for Malema as shooting case tarries – to be decided tomorrow

Judgement in EFF leader Julius Malema’s shooting case is billed to continue on Tuesday, 30th September.

Magistrate Twanet Olivier could not conclude the reading of her judgement and had to adjourn till Tuesday.

All eyes earlier turned to the East London Regional Court today as judgment is expected in the long-running firearm discharge case against Economic Freedom Fighters (EFF) leader Julius Malema and his co-accused, former bodyguard Adriaan Snyman.

The case stems from the EFF’s 5th anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in July 2018, where video footage appeared to show Malema firing a rifle into the air before handing it to Snyman.

Both men face multiple charges under the Firearms Control Act, including:

1. unlawful possession of a firearm

2. unlawful possession of ammunition

3. discharging a firearm in a public space

4. failing to take reasonable precautions to prevent danger, and

5. reckless endangerment.

They have both pleaded not guilty.

The State’s Case

Prosecutors argue the video footage provides clear proof that Malema discharged a real firearm, describing the clip as a “silent witness” to the offence. The state has also relied on ballistic evidence, including a spent cartridge recovered near the stage two days after the rally, which experts linked to a 5.56 mm rifle associated with Snyman’s security company.

The state maintains the evidence meets the threshold of proof beyond a reasonable doubt and has pressed for a conviction.

The Defence’s Response

Malema and Snyman’s legal team have rejected the state’s case, insisting that the rifle was not a functional firearm but a toy or blank-firing replica. They also challenged the reliability of the ballistic findings, pointing out alterations to the weapon’s bolt carrier, and argued that no eyewitnesses ever testified to seeing Malema fire a live round.

The defence further raised concerns about the authenticity of the video, which was downloaded from social media, and criticised the state for failing to call key witness Larry Mavundla, who signed out the rifle.

Political and Legal Stakes

A conviction could have far-reaching consequences for Malema. Beyond possible prison time or fines, any sentence of more than 12 months without the option of a fine may affect his eligibility to hold public office under South Africa’s electoral laws.

For the EFF, the outcome is equally significant. The party has long maintained that the case is politically motivated, framing it as part of a broader attempt to undermine its leader.

An acquittal would strengthen this narrative, while a conviction would raise fresh questions about political accountability and the boundaries of acceptable conduct in public life.

Awaiting the Verdict

After years of delays, the matter now rests with the court. The judgment is expected to bring closure to one of the country’s most closely watched political trials in recent years, with potential implications not only for Malema and Snyman but for the wider political landscape.

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