Courts

JOHANNESBURG - EFF leader Julius Malema has been found guilty of contravening the Firearms Control Act by the East London Magistrates Court.

Malema and his bodyguard, Adriaan Snyman, have been on trial for several years for discharging a firearm at the party’s fifth birthday celebrations in Mdatsane in 2018.

Malema and Snyman were also accused of unlawful possession of a firearm.

Both pleaded not guilty, and Malema had told the court the firearm was a toy. While Malema was found guilty on five charges, Snyman was found not guilty on two charges.

The marathon verdict ran over three days, with Malema visibly distracted, yawning and disengaged. At times, he put his head down.

In Magistrate Twanet Olivier’s judgment, she stated that the footage of the incident was not a pivotal piece of evidence as other testimonies were sufficient in proving Malema’s guilt.

“The court is of the view that the viral footage is not needed to enable the court to arrive at a finding in this regard,” stated the magistrate.

The matter was postponed to January 23 for the presentencing reports and Malema’s bail was extended.

Olivier clarified that there was no guarantee that Malema would be sentenced on that date, as the defence may wish to call witnesses to testify in support of the EFF leader.

Malema’s legal representative, Advocate Shane Matthews, previously argued that the State failed to prove beyond a reasonable doubt that Malema was handed a firearm by Snyman.

Matthews claimed that the State had relied on a video downloaded from social media, rather those on the scene.

“There were at least 20 000 to 30 000 people present on the scene, who had come for the celebration. As we have seen, there were quite a few prominent people who were present. Long after the dust had settled, not one person came forward to lay a complaint about what had happened on the evening in question.

“Instead, the police picked up a video on social media which allegedly depicted Malema firing what they claimed was a firearm into the air and from thereon, an investigation was launched. In fact, the police themselves are the complainants in this case.

EFF leader Julius Malema has been found guilty of contravening the Firearms Control Act by the East London Magistrates Court. (Pic: Bloomberg.com)