Lawyers for EFF leader Julius Malema and bodyguard Adriaan Snyman, will apply for firearm charges to be dismissed.
The pair are accused of discharging a semi-automatic firearm during the EFF’s fight birthday celebration at a crowded stadium in Mdantsane, Eastern Cape in 2018.
The defence lawyers told the East London Magistrate’s Court that the State lacks evidence.
The investigating officer in the case, Colonel Rodney Swartbooi, who was questioned on Thursday, told the court that five of Malema’s bodyguards did not witness him firing a rifle.
Swartbooi also told the court that no infrastructure was damaged after the incident, and that the source of the viral video was never found.
♦️Must Watch♦️
— Economic Freedom Fighters (@EFFSouthAfrica) September 13, 2023
CIC @Julius_S_Malema in the East London Magistrates Court addressing the fact that the presiding Magistrate has been late to every appearance for the past 5-Years
The dysfunctional state of our courts due to load-shedding is made worse by ill-disciplined… pic.twitter.com/bxla3lYZ6K
This as, in November 2018, Malema was the only politician not in government to have access to the privilege of being escorted by the SAPS VIP protection services amid a threat assessment by Crime Intelligence, that found that his life was in danger.
When the State closed its case this week, the defence told the court that they were applying for a discharge.
“This is a frivolous case by the State, showing that there is no consistency in terms of methods in collecting evidence and methods of opening a case. All throughout this process shows that there was a lot of clumsiness and sloppiness to try and put together a case against our commander in chief. We are confident that our application to have this case dismissed, anyone with a logical eye can see that there is nothing against Malema," EFF national spokesperson Sinawo Thambo said.
The AbaThembu King Buyelekhaya Dalindyebo and his wife Queen Khazeka Mcinga Dalindyebo.were in a gallery to support Malema.
“We are humbled by the King’s unflinching support in the midst of persecution of the leader of the economic emancipation movement,” the EFF said.
Meanwhile, Malema slammed magistrate Twanet Olivier for being an hour late on Wednesday, which was the third day of the trial. He made headlines with the rant, and footage went viral.
This prompted Olivier to apologise. She told court that her office is five minutes away from the court and she was not aware that everyone was ready for her.
Malema raised the issue of stage 6 load shedding, which has in the past disturbed the business of the court.
The case is due back in court next Wednesday.