'No amount of persecution can discourage us': Malema's cryptic post after court appearance on gun charge

EFF leader Julius Malema has people talking after a cryptic social media post saying “we stand up for our convictions” after his court appearance in East London on charges of unlawful possession of a firearm. 

Malema and his bodyguard Adriaan Snyman appeared at the East London magistrate's court on Monday.

The pair allegedly fired a rifle at the EFF's fifth-anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane in 2018. They face charges of illegal possession of firearms, contravention of the Firearms Control Act, illegal possession of ammunition and reckless endangerment to persons or property.

“Accuse[d] number 1. We stand up for our convictions, and no amount of persecution can discourage us,” Malema wrote.

“Giving in now to injustice is not an option; fighting forward against the establishment is the only option.”

In court, Malema's defence team challenged the admissibility of video footage showing him allegedly firing a rifle at the party’s birthday celebrations in East London nearly five years ago. 

Malema's lawyer, advocate Laurance Hodes, said the state was obliged to prove the video was authentic before it could proceed to use it as evidence.

He said the state had presented no witness to testify they had shot the video.

“We contest the admissibility of the video evidence.”

Hodes said allowing the evidence would prejudice Malema.

State prosecutor advocate Joel Cesar said the state had two witnesses who were present when the video was shot and who would identify the scene and contents of the footage.

“The trial within a trial is not the way to go. The defence can canvas the matter fully when it presents its case,” Cesar said.

National Prosecuting Authority (NPA) spokesperson Luxolo Tyali told Newzroom Afrika outside court the authority hopes the magistrate will rule in the state’s favour. 

“I think what is important here is to tell the public that this piece of evidence is just part of the evidence that we will be leading in trying to prove the guilt of the two [accused] persons in this matter. We have led the evidence of at least 10 witnesses already,” said Tyali.

“The issue of the video, we have canvassed it in court that it must be admitted as evidence and we will lead evidence of witnesses that would corroborate what is on that video.

“The defence is opposing that and is calling for a trial within a trial and we are opposed to that. We are hoping that the magistrate will rule in our favour so that the matter can be dealt with to finality.”

A ruling is expected to be handed down on Tuesday.

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