By Lehlohonolo Lehana.
Economic Freedom Fighters (EFF) leader, Julius Malema and his bodyguard Adriaan Snyman — both facing charges of discharging a firearm in public — will hear their fate next month.
Malema is facing five charges, including the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public space and reckless endangerment to person or property, while Snyman faces two charges under the Firearms Control Act.
AfriForum laid charges after Malema was captured on camera firing what appeared to be an assault rifle during the EFF’s fifth birthday celebrations at the Sisa Dukashe Stadium in Mdantsane in 2018.
On Wednesday, state prosecutor Advocate Joel Cesar told the court it was in the “interest of justice” that the pair’s section 174 application application be refused.
Section 174 of the Criminal Procedure Act states “the right of an accused to be discharged from the offence he has allegedly committed where, at the close of the state’s case, there is no evidence on which the court may draw the accused to the charge”.
Malema’s lawyer, Advocate Laurance Hodes previously told the court he had been instructed to apply for Malema’s discharge via a Section 174 application and advocate Shane Matthews, representing Snyman, said he had similar instructions.
Cesar disputed the defence’s claim that the state’s case was full of inconsistencies, saying the events depicted in the viral video was corroborated by witnesses in the trial.
The prosecutor said another piece of crucial evidence was the bullet cartridge, which was found by a municipal worker at the stadium two days after the EFF rally celebrations.
The cartridge was positively linked to a firearm seized from Snyman’s company.
“Your worship, this is just a normal, ordinary person who was performing her duties on the day in question. She has got no interest in this particular matter… she didn’t even know what that spent cartridge that she picked up was,” Cesar said.
Advocate Hodes had argued earlier that it was “impossible” for the cartridge to have landed where it was found.
However, Cesar maintained that the state presented solid evidence to prove its case.
Cesar also highlighted that other videos – retrieved from Gear House, the company hired to set up equipment and record the event – had been authenticated.
Magistrate Twanet Olivier is expected to make her ruling on 19 October.