The judgment in EFF leader Julius Malema’s firearm discharge trial has been rolled over to the third day after the East London magistrate’s court again failed to conclude proceedings on Tuesday.
Magistrate Twanet Olivier has been delivering her ruling since Monday, carefully unpacking the testimony of state and defence witnesses in a matter that has stretched on for years.
Malema, together with his co-accused and former bodyguard Adriaan Snyman, faces charges linked to a July 2018 rally in Mdantsane where the EFF leader allegedly fired what the state says was a real firearm aimed into the air during the party’s fifth anniversary celebration at the Sisa Dukashe Stadium.
A video from the rally showed Malema holding what looked like a rifle and firing it into the air while on stage. The state argued this was reckless and endangered lives.
The defence has maintained that the weapon was a prop loaded with blanks and posed no threat to the thousands of supporters who attended the event.
Malema and Snyman face charges of illegal possession of firearms, contravention of the firearms control act, the illegal possession of ammunition and reckless endangerment to people or property.
Malema’s advocate, Shane Matthews, argued that no witnesses came forward to say they saw bullets fired.
Matthews said: “What is remarkable is that out of the estimated 30,000 people who attended the event, not one individual has come forward to testify or lodge a complaint about the firearm incident.”
On Monday, Olivier began handing down judgment, but time constraints forced proceedings to be extended to Tuesday.
With the ruling still incomplete, the matter has now been postponed to Wednesday for what is expected to be the final leg of judgment.
If convicted, Malema and Snyman face up to 15 years’ imprisonment, though sentencing would likely be moderated depending on the mitigating circumstance and statutory frameworks.
The defence had earlier attempted to have the charges struck off for lack of evidence, but the application was dismissed.
In the past two days, the public gallery has been packed with EFF supporters.
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