WATCH | Court allows video footage as evidence in Malema firearm trial

The National Prosecuting Authority (NPA) has welcomed a ruling by the East London regional court that video footage of an incident where EFF leader Julius Malema allegedly discharged a firearm in public can be admitted as evidence. 

The charges arose over Malema’s alleged actions during the EFF’s fifth birthday celebrations in 2018 at the Sisa Dukashe Stadium in Mdantsane.

The ruling was made by magistrate Twanet Olivier on Tuesday, paving the way for the trial to continue.

The defence teams of Malema and co-accused Gerhardus Adriaan Snyman, Malema’s bodyguard, had objected to the video being admitted as evidence, calling for a trial-within-a-trial.

NPA spokesperson Luxolo Tyali said: “We are glad the court ruled in our favour because having to go the route of a trial-within-a-trial would have caused unnecessary delays and now we can continue with the state’s case.”

The EFF would not comment on Olivier’s decision.

Malema was heard saying “justice must be blind” while making his way into the dock after a brief adjournment.

Meanwhile, the footage took the centre stage in court on Tuesday as three video clips were played on a TV, watched intently by Malema and Snyman. 

Sibusiso Ngcobo, an audiovisual technician from Gear House company, was the first witness to take the stand on Tuesday. He testified the company had been employed to do everything pertaining to the setting up of video equipment at the event, operating it and recording what happened.

They had two cameras on site, one on the stage facing the crowd and another set up about 35m from the stage. His task was to ensure getting the correct feed from the cameras.

“Everything that happened there was recorded,” he said.

He did not notice any shooting on the monitor, he said.

“A couple of days later officials, I’m not sure whether from the NPA or the Hawks, came to our offices requesting a meeting with those who were at the event ... They asked questions about the video.”

Two company videos were screened in court.

In both videos, the camera was not facing the direction shown in other videos that allegedly showed Malema discharging a firearm, but sounds, which could have been gunfire, were heard.

There was, however, a third video. Ngcobo said he only found out about this video when he was called to the meeting with the police.

Cross-examined by advocate Laurence Hodes SC, Ngcobo said he had no comment when it was put to him that the firearms were “toys” or “TV screen [firearms]” incapable of ejecting a bullet.

When it was put to him that no-one ran away or seemed startled when the firearm went off, Ngcobo said he had not been looking at the reaction of the crowd. 

“My focus was not there.”

He said he had “no idea who filmed the [third] video”.

He said he was satisfied nothing had happened at the end of the night in question.

Ngcobo said he could not identify Malema in the two videos taken by his cameras. He could only identify Malema in the third video taken by an unknown person.

Another state witness, Ashley Singh, a Gear House branch manager, said the footage had not been tampered with while in their possession. He said the stage had been inspected and there was no damage to their equipment.

Malema is charged with the 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 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.

Malema and Snyman have both pleaded not guilty to all the charges.

The trial continues on Wednesday.

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