EFF leader Julius Malema has been found guilty on five charges related to the unlawful discharge of a firearm during the party’s fifth anniversary celebrations in East London in 2018.
The East London magistrate’s court delivered judgment on Wednesday, bringing an end to a trial that has stretched over years. Magistrate Twanet Olivier ruled that Malema, referred to in proceedings as accused No 1, was guilty on all five counts:
- unlawful possession of a firearm;
- unlawful possession of ammunition;
- discharging a firearm in a public space;
- reckless endangerment of persons or property; and
- failing to take reasonable precautions to avoid danger.
The court found Malema was the only person who had fired the “object resembling a firearm” at the rally, with ballistic evidence linking the cartridge found at the venue to a state-issue firearm.
The defence has maintained the weapon was a prop loaded with blanks and posed no threat to the thousands of supporters who attended the event.
“The inference sought is supported by the facts contained as per the evidence presented in court,” Olivier said in her ruling, adding that the state’s case was consistent and excluded all other reasonable inferences.
Malema’s co-accused, his bodyguard Adriaan Snyman, was acquitted of breaching the Firearms Control Act and unlawful possession of a firearm and ammunition.
During judgment the court raised questions about how the firearm had been handled and registered, noting discrepancies about its whereabouts in Gauteng and East London, but concluded these did not detract from the evidence that tied the firing to Malema.
Proceedings were adjourned shortly after the verdict to allow the legal teams to consult their clients and arrange suitable dates for the continuation of the matter, including sentencing proceedings.
TimesLIVE
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