Judgment in the trial of Julius Malema, leader of the Economic Freedom Fighters (EFF), is expected to be handed down today at the East London Magistrates’ Court.
The case relates to allegations that Malema unlawfully discharged a firearm during the EFF’s fifth anniversary celebrations in Mdantsane in July 2018.
Malema and his former bodyguard, Adriaan Snyman, face several charges under the Firearms Control Act.
These include the unlawful possession of a firearm, unlawful possession of ammunition, firing a weapon in a built-up area or public place, and reckless endangerment of people or property.
If convicted on the most serious charge, illegal firearm possession, Malema could face up to 15 years in prison .
The trial, which has stretched for more than five years, centres on an incident at Sisa Dukashe Stadium.
Video footage shows Malema appearing to fire what looks like an assault rifle into the air during the EFF celebration.
Malema has insisted the weapon was a “toy gun” with no ability to fire live rounds. The State, supported by expert witnesses in ballistics, argued that it was a real firearm.
On Monday, Magistrate Twanet Olivier began delivering her ruling but did not complete it.
She spent hours summarising the evidence provided by 19 witnesses, including police officers and firearm specialists. At 16:00 SAST, she postponed the case to Tuesday, saying she needed more time to conclude.
“There was a request that we should work until late tonight. That part of working late tonight, I cannot make that decision. That part will have to be taken up by whoever is present in court and can deal with that protocol,” she said.
Outside the court, EFF supporters gathered in large numbers, with the party’s deputy president, Marshall Dlamini, addressing them. He told the crowd the case was wasting both time and resources.
“They did not have a case in 2018; they still don’t have a case today,” Dlamini said.
He accused the State and political opponents of targeting Malema unfairly, claiming the case had dragged on for seven years.
Snyman, Malema’s co-accused, faces two separate counts: failure to take reasonable precautions to avoid danger to people or property, and providing a firearm or ammunition to someone not permitted to have it.
Both men pleaded not guilty to all charges.
The case was originally brought forward after lobby group AfriForum laid a complaint, citing violations of the Firearms Control Act. Prosecutors have argued that Malema acted “recklessly” and described him as “evasive, untrustworthy and dishonest” during testimony.
Today’s judgment will determine whether Malema and Snyman are guilty or acquitted.