The application brought by EFF leader Julius Malema and his bodyguard Adriaan Snyman for a discharge of the charges against them has been dismissed.
The case relates to an alleged firing of a firearm during the party’s fifth birthday celebration at the Sisa Dukashe stadium in Mdantsane in 2018.
The state, represented by advocate Joel Cesar, wrapped up its case in the East London regional court after testimony from 19 witnesses.
In their application, the duo argued the state had not been able to prove a case against them.
Magistrate Twanet Olivier declined their application on Thursday, saying their legal teams' arguments were insufficient to justify a discharge.
Referring to one aspect, she said: “The mere say-so [during argument] that it was a movie gun does not make it so... it's not evidence...
“In the light of the evidence that’s been presented so far, the application of discharge in terms of Section 174 of Act 51 of 1977 is not granted.”
Outside court, NPA spokesperson Luxolo Tyali said: “The ball is in their court now. It is either they call their own witnesses or close their case. The court has been satisfied we presented enough evidence to proceed with the case.”
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