By Lehlohonolo Lehana.
The Economic Freedom Fighters (EFF) leader Julius Malema and his co-accused, Adriaan Snyman, were back in the East London regional court in the Eastern Cape on Monday, 9 December.
This relates to the discharging of a firearm at the party’s 5th birthday celebration at Sisa Dukashe Stadium in Mdantsane in 2018.
Malema faces five charges, unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public place, reckless endangerment of people and property, and failing to take reasonable precautions to avoid danger to people or property.
Snyman, Malema’s bodyguard, is charged with failing to take reasonable precautions to avoid danger to people or property and providing a firearm or ammunition to someone not allowed to possess it.
During his final submissions, Prosecutor Advocate Joel Cesar told the court that: “it’s my submission in relation to accused number two that the state has not proved its case relating to that particular aspect beyond reasonable doubt. This submission is made after a proper consolidation of the evidence in relation to the third video, which is referred to as the viral footage, coupled with submissions in the state’s further particulars,” he argued.
Cesar conceded that the video did not definitively show the handover but argued that Snyman “should be charged as an accessory for omitting offenses.” He claimed that as the company director, Snyman had exclusive access to the rifle and allegedly altered its bridge block to compromise ballistic tests. “It cannot be a coincidence that, of all the guns submitted, this rifle is the only one with changed parts,” Cesar said, referencing cartridge markings found at the scene. He explained that three markings on the cartridge matched the rifle, while negative markings were consistent with the altered bridge block.
He emphasized that the testimony of ballistic analyst Lieutenant Colonel Mandisa Mgwadleka “remained unshaken and consistent” in linking the cartridges found at the stadium to the rifle Malema allegedly discharged. He also pointed out Malema’s actions in the video, stepping away from the crowd and to the side while firing, as evidence of his awareness of the risk posed to the 20 000 people at Sisa Dukashe Stadium that day. “The people on stage stayed behind him while he fired, meaning they knew the gun was real and complied with firearm safety rules by staying out of the firing line, “Cesar argued.
Cesar further noted testimony from police officers in Malema’s protection unit, who said they were not informed of any guns being fired that night but admitted to hearing the noise, even though they did not see Malema firing the rifle on stage.
The prosecutor also accused Malema of lying and being aggressive during his testimony, highlighting inconsistencies in his statements about his knowledge of firearms and the number of shots fired. “He was untruthful about knowing what a 9mm handgun looked like when questioned about the type of firearm he fired in the video. His evidence cannot be true, as he owns a 9mm Taurus handgun and has received training,” stated Cesar.
The 9mm handgun is alleged to have been the first firearm Malema fired. However, in response, his defense pointed out that only one firearm—the rifle—is mentioned in the charge sheet.
Senior Counsel Laurence Hodes dismissed the state’s case as speculative, stating, “The charge sheet is reverse-engineered to suit the evidence led by the state.” Hodes also criticized the state for not calling Larry Mavundla, who originally signed out the rifle, to testify. “The state’s failure to call Mavundla and the absence of a statement from him draws a negative inference. To reject that Malema fired a toy rifle is unsustainable and has no legal basis, as the cartridges do not match and there is no eyewitness.”
Meanwhile, Cesar insisted that the muzzle flash seen in the video confirmed that the rifle fired that day was real. “No one was going to guard Malema with a toy firearm. Any submission to that effect is offensive,” he said.
The closing arguments will resume on 23 January, with conclusions from Hodes and Snyman’s defense counsel still to be presented.