EFF leader Julius Malema’s defence team has argued the state reverse engineered charges against Malema and his co-accused, Adriaan Snyman, to suit the evidence led during the trial.
This was among the arguments brought by advocate Laurance Hodes SC on behalf of Malema during closing arguments in the East London regional court on Monday.
The state, represented by senior state advocate Joel Cesar, argued the state had proved its case after calling 19 witnesses.
Malema is charged with the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public place, reckless endangerment of people and property, and failing to take reasonable precautions to avoid danger to people or property.
Snyman, the EFF leader’s bodyguard, is charged with failing to take reasonable precautions to avoid danger to people or property, and providing a firearm or ammunition to someone not allowed to possess it.
We are of the view the charge sheet has been reverse engineered to suit evidence that has been led.
— Advocate Laurance Hodes SC
The case arises from an incident in 2018 when Malema allegedly discharged a firearm during an EFF anniversary celebration at the Sisa Dukashe Stadium in Mdantsane.
Both men pleaded not guilty to the charges in 2022, when the trial started.
A state witness, a cleaner, testified that she saw a spent cartridge while cleaning at the stadium after the celebration.
The court heard in 2022 that a cartridge found at the stadium a day after an EFF gathering was successfully linked to a rifle examined by a ballistics expert after the alleged firing of a semi-automatic rifle by Malema.
Hodes said there was no evidence or eyewitness to any shooting. He said there was no evidence to prove the spent cartridge was shot on the day.
“We are of the view the charge sheet has been reverse engineered to suit evidence that has been led,” Hodes said.
He said there was a “fundamental flaw”, questioning the state’s failure to charge Larry Mavundla, who allegedly gave Malema the firearm, or not call him as a witness.
“That’s a fundamental flaw in the state’s case.”
He said the authenticity of the viral video footage that landed Malema and Snyman in hot water was never proven.
Hodes said the state had produced no evidence against both accused.
Earlier in the state’s argument, Cesar conceded it had failed to prove its case against Snyman in relation to the viral video footage, stating the video was not clear.
Snyman did not testify .
“As the officer of this court, my job is not to secure a conviction at all cost. My job is to assist the court to come to a correct decision,” Cesar said.
He argued for conviction as an accessory after the fact.
He said Malema contradicted his evidence when he testified, and said his statement that the firearm was a toy, must be rejected.
He said all the state witnesses were credible and did not go out of their way to implicate the accused.
Cesar said evidence presented in court showed a real firearm was used on the day.
The two were supported in court by EFF Northern Cape chair Shadrack Tlhaole, Free State chair Mapheule Liphoko, Eastern Cape secretary Sithembile Madikizela, Northern Cape secretary Zet Kwinana and North West secretary Papiki Babuile.
Outside court, EFF treasurer-general Omphile Maotwe said the case was political.
“There’s no case against the commander-in-chief. It would have been nice to go to our third national people’s assembly without any cases on our head. We wanted to finish this one but unfortunately we are where we are.”
Malema and Snyman will be back in court on January 23 for continuation of arguments.
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