Olwethu Xabanisa (Algoa FM News)
EFF leader, Julius Malema, has pleaded not guilty to five charges brought against him by the State for allegedly discharging a firearm at the party's 5th-anniversary celebrations in East London.
He is charged alongside security company director, Adriaan Snyman, who is facing a charge of Contravening the Firearms Control Act.
The charges against Malema were read out in the East London Regional Court on Tuesday by state advocate, Joel Cesar, who joined the case late following the resignation of Advocate Elna Smit, who had been handling the matter since 2018.
The first witness to testify at the trial was the former head of the Visible Policing at the Mdantsane police station, Colonel Ngamlana Mkwali, who stated that no firearms were allowed at the EFF's fifth-anniversary celebration.
He told the court that he was present during the celebrations at the Sisa Dukashe Stadium in Mdantsane and made sure that no firearms were allowed into the venue.
He further stated that there were no discussions on whether or not bodyguards or security for party members would be allowed to do so.
Under cross-examination by the Defence, Mkwali said that he never physically saw Malema firing a gun but only opened a case when he saw the video footage as it looked like a real firearm.
Mkwali was asked if he ever went to the stadium himself after the event to see if there was any damage to the podium, to which he replied, no.
He said he was confident that a special unit would investigate the matter and the reason why they were in court was that the National Prosecuting Authority made a decision to prosecute.
The State called their second witness, Ntombifikile Makoma, who is an employee of the Buffalo City Municipality who was part of the cleanup crew after the event.
She testified that she picked up a bullet cartridge, which to her looked unusual and unlike any that she had seen before.
Mdantsane police station's Captain Johannes Swart, who also testified said he was certain that the cartridge was from a rifle but was not sure which one it was.
In the years leading up to the trial, Malema's legal team has argued that the gun used in the video was a toy.
The charges were laid by Afriforum and the matter was pursued through their Private Prosecution Unit.
The trial will continue on Wednesday.
