EFF supports Malema’s application for recusal of magistrate in firearm case

The EFF has said it supports the application by leader Julius Malema for magistrate Twannet Olivier to recuse herself in his firearm discharge matter.

Malema appeared before the East London Magistrate’s Court on Wednesday, where he faces a charge of contravening the Firearms Control Act for firing a rifle in public during the EFF’s 5th anniversary rally at the Sisa Dukashe Stadium in Mdantsane in 2018.

Malema’s legal team indicated on Wednesday it would apply for Olivier to recuse herself, alleging she committed gross violation of Malema’s rights.

AfriForum, which laid charges against Malema, said this followed an outburst by Malema from the dock, claiming Olivier was prosecuting him after she asked one of the state witnesses questions to clarify his testimony.

In a statement on Wednesday, EFF spokesperson Sinawo Tambo said Olivier was biased and overstepped her role.

This was because she led evidence of a witness, which was to the detriment of Malema, Tambo claimed.

“Olivier insisted on a state witness making certain observations and conclusions on video evidence when the witness had already made testimony.

“The insistence of Olivier that the witness make observations that were contrary to the initial testimony, reveals a deeper and sinister interest on her part on the outcomes of the matter,” Tambo said.

The application by Malema was made after the defence team lost its bid to prevent video footage of the discharge of the firearm being submitted as evidence on Tuesday. The court ruled on Tuesday it was admissible.

Malema’s bodyguard, Adriaan Snyman, is also charged with allegedly handing the firearm to the EFF leader. He is also charged with failing to take precautions to avoid danger to property.

State witness Sibusiso Ngcobo, who works for the company that provided the stage and audiovisual equipment to the EFF for the rally, said he was not sure if the rifle was a real firearm or not.

Ashley Singh, who also works for the same company, testified that the Hawks were looking for visual footage from the EFF event.

Tambo says the magistrate led evidence which coerced a witness to make specific observations.

“She expects her decision to be credible, when the same evidence she led sits before her to make a judgment. The EFF has long cautioned about existing bias and capture within our judiciary, and what happened at the East London Magistrate’s Court today confirms our suspicions,” he said.

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