Tensions rose when EFF leader Julius Malema testified at the East London regional court and denied discharging a firearm with live ammunition during the fifth anniversary celebration of the party at the Sisa Dukashe Stadium in Mdantsane.
His testimony was led by advocate Laurance Hodes SC, who said while there were 20,000 people present at the celebrations, no witnesses had come forward for the state.
Malema said VIP protection was given to him by police who were with him during the celebrations.
“I never used a gun with live ammunition and anything without ammunition is not a gun on that day,” he said.
Malema said he did not understand why the court wanted him to help the state make its own case.
“No state case has been made that demonstrates that I carried that kind of weapon.
“My DNA is not found on that weapon, my house was never searched looking for that weapon.
“When I was sitting here I heard that they went and found a weapon in someone’s premises and I do not know of that address,” he said.
Inspections done by the police revealed that no property had been damaged.
“That is a clear demonstration that no live ammunition was shot.
“I have not endangered any life and I did not have to take any precautionary measures to save lives because I was never in such a position,” Malema said.
“I am standing here to boost a weak failed case of the state.”
Video captured during the celebrations was played in court and Malema said when the EFF celebrated there were acts that they put on.
He told magistrate Twanet Olivier it was a toy gun shown in the video.
“Every anniversary has acts ... In all the songs we make gestures of a firearm,” he said.
Malema said he missed the presidential inauguration to attend the case.
State advocate Joel Cesar cross-examined defence ballistic expert JC de Klerk and revealed that his report presented to the court was only finalised on Tuesday.
Cesar said De Klerk did not examine the actual cartridge but used the court’s charts.
In his defence, De Klerk said: “A request was passed to examine the cartridge but I only had access to examine the file by the ballistic unit.”
He said the evidence he shared with the court was based on photographs.
Cesar said: “In my 20 years of experience, I have never seen an expert testify on exhibits that he had never physically seen.”
Malema will be cross-examined by Cesar on Thursday.
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