EFF
Video footage reportedly showing EFF leader Julius Malema firing what is believed to be an assault rifle will be admissible in court.
Malema is currently in the East London Magistrates Court for the continuation of his trial relating to the 2018 incident in Mdantsane when the EFF celebrated its fifth celebration.
On Tuesday, Magistrate Twanette Oliver used case law to reinforce why the video would be admitted, and therefore a trial within a trial was not necessary.
As the main trial continued, 32-year-old Sibusiso Ngcobo took the witness stand as the man who set up and oversaw the operation of the camera equipment on the night.
He swore under oath that he had not seen any shots being fired, nor heard any rifle or firework-like noise ringing as he had his 'comms headphones' on most of the night in question.
Although two of the three videos shown in court were admittedly shot by equipment from Gear House, where Ngcobo is employed, he testified that he did not recognise anyone, besides Malema, even though his co-accused Andre Snyman, who is sitting next to Malema in the court, was also visible in the third video.
The third video, which was shown in court, was not taken by Ngcobo, nor was the person who took the video present in court.
The footage showed Malema allegedly shooting the rifle on the 28th of July 2018, and then handing the rifle to Snyman.
The defence advocates representing the accused put it to the witness that the people in the video were not fearful, therefore a toy was indeed used.
Afriforum, who laid the charges against the accused four years ago, are also present in court.
The trial continues.
