By Lehlohonolo Lehana.
The Economic Freedom Fighters (EFF) leader Julius Malema and his bodyguard, Adriaan Snyman are seeking to have the charges levelled against them in their firearm discharge case dropped due to a lack of evidence.
Malema and Snyman appeared in the East London Magistrate’s Court.
He 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.
Both have pleaded not guilty to the charges.
The Investigating officer, Colonel Rodney Swartbooi, who was the last state witness, admitted the source of the video could not be found.
Swartbooi told the court that Malema’s five VIP protectors, two of whom were from the Eastern Cape, said they did not see or hear anyone firing shots in their statements after he interviewed them.
Malema was seen firing seven shots among a crowd of people at his party’s fifth birthday celebrations at Sisa Dukashe Stadium in Mdantsane, thereafter moving towards the two gentlemen and re-appearing without the firearm.
The Commander in Chief, who owns a license for a handgun, has maintained the rifle in the video shoots blanks, while Swartbooi said because of the muzzle flash visible as he fires the rifle appears real.
The defence argued that Malema was assigned Police VIP Unit consisting of five officers, who in their statements said they were on stage with Malema and did not see or hear anyone firing shots.
Ballistics also revealed a fingerprint on the cartridge that could not be linked to the two accused.
During court proceedings on Thursday, Malema’s lawyer, Advocate Laurance Hodes told the court he had been instructed to apply for Malema’s discharge via a Section 174 application.
Advocate Shane Matthews, representing Snyman, said he had similar instructions.
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”.
Magistrate Twanet Olivier postponed the matter to 20 September, but warned that she won’t deliver a ruling immediately after both the state and defence present their cases.
The party welcomed the announcement by Malema’s defence team that they would file an application to have it dismissed.
EFF spokesperson Sinawo Thambo said the party was positive about the outcome of the pending application.
“It shows that there isn’t actually any case that can be heard, so we’ve made that application and we hope that it will be successful,” Thambo said. “We are confident that if the judge is also following the proceedings as we are, she’ll dismiss it.”