By Lehlohonolo Lehana.
The Economic Freedom Fighters (EFF) says it supports the application by its leader Julius Malema for magistrate Twannet Olivier to recuse herself in his firearm discharge matter.
The Defence team for Malema and bodygaurd Adriaan Snyman has indicated their intention to bring an application on Thursday for Magistrate Olivier to recuse herself.
During court proceedings on Wednesday, Samuel Kwata, a graphics technician, took to the stand and was asked to single out a man wearing a red shirt and blue jeans on a video shown in court.
The line of questioning angered the Defence and resulted in Malema expressing his displeasure in court for all to hear.
“She is prosecuting us! We are being prosecuted by her!”
After the court adjourned, EFF spokesperson Sinawo Thambo said that Magistrate Olivier was leading the witness to make certain observations and conclusions which were contrary to the conclusions he made initially.
He said this showed her bias and she could therefore no longer proceed with the matter in the EFF’s view.
The charges against the two stem from an incident during the EFF’s fifth birthday celebrations in Mdantsane, East London in 2018, where Malema is purportedly seen in a video discharging what appears to be an automatic weapon.
In the years leading up to the trial, Malema’s legal team argued that the gun used in the video was a toy.
Malema is facing five charges which include the illegal possession of a firearm, contravention of the Firearms Control Act, the illegal possession of ammunition and reckless endangerment to persons or property.
Snyman is facing a single charge for Contravening the Firearms Control Act.