EFF
EFF leader, Julius Malema, has maintained his innocence in his firearms trial, saying the case against him was politically motivated by the organisation Afriforum.
The party leader appeared in the East London Magistrate’s Court this week, where he said he was being subjected to an unfair trail, as he battled the charges brought against him by Afriforum, for allegedly contravening the Firearms Control Act in 2018.
During his long-awaited direct testimony, Malema told magistrate, Twanet Olivier, that the gun seen being fired in a video taken at Sisa Dukashe Stadium in Mdantsane was a toy used as part of the anniversary celebrations.
“I never used any firearm; I never had any ammunition on that day. It was a toy, My Worship.”
According to Malema, the trial against him also amounted to an abuse of power by the prosecution.
He accused state prosecutor, Joel Cesar of being an “incompetent and incoherent” advocate, who is being influenced by Afriforum to prosecute, instead of realising that there was no case against him and co-accused, Adriaan Snyman.
The EFF leader accused the prosecutor of wanting to “build” his career by destroying his name and reputation and the future of his wife and children.
He maintained that the state has no case whatsoever, as there was no substantial evidence linking him to the spent cartridge of a rifle found on the scene.
“Look at all the 19 statements you have led in this court, no one can associate me with any wrongdoing. I possessed a toy; it required no license and nobody’s permission.”
This was after advocate Cesar questioned why Malema had never informed the Joint Operation Centre at the event about the rifle, whether fake or real and that it would be fired as part of the programme.
“Had the act been discussed with the JOC, we would not be in court, but instead, the police gave statements that they were not aware of guns,” he said.
Meanwhile, Malema questioned why none of the police officers who gave statements were ever brought to testify.
He told the court that a person named Larry Mabunda was the one who had signed out the rifle but was never charged.
Malema also said that he received the “toy” that he used from Mabunda and had given it back to him afterwards and not to his co-accused, Snyman.
“The alleged rifle linked to the cartridges found on the scene were from Mabunda’s firearm, yet I am the one before the court when I used a toy.”
Malema also denied knowing about a pistol the state prosecutor alleged he fired prior to using the rifle.
NPA regional spokesperson, Luxolo Tyali, countered Malema's claims of the trial being unfair.
“We prosecute without fear, favour or prejudice. The police had a duty to follow up on a case opened. The NPA made a decision to prosecute based on police evidence.”
He said Malema was being represented by a senior counsel, Laurence Hodes. “If he felt that there was unfairness matted against his client, he would have made that clear to the court.”
The state is due to submit its head of arguments by 12 August, and the defence will respond by 12 September.
The closing arguments will be heard on 1 November.
