Next month, Economic Freedom Fighters (EFF) leader Julius Malema and his bodyguard Adriaan Snyman, both facing charges of discharging a firearm in public, will discover their legal fate.
Magistrate Twanet Olivier is expected to deliver her judgment in the case.
During the proceedings, the legal teams for Malema and Snyman requested the charges be dropped, citing a lack of evidence to support the case.
Malema’s lawyer, Advocate Laurence Hodes, argued that the State had concluded its case without disclosing critical details about the alleged firearm involved in the incident.
He emphasized the absence of information regarding the make and ammunition of the firearm purportedly fired during the EFF’s fifth-anniversary celebrations at the Sisa Dukashe Stadium near East London.
Hodes pointed out that video evidence presented during the trial made it “impossible” for a spent cartridge, discovered by a cleaner, to have landed where it did if fired by Malema on the stage.
He further noted that five South African Police Service (SAPS) VIP Protection Unit members testified to not witnessing any misconduct and that there was no fingerprint evidence linking Malema to the firearm or cartridge.
“The State’s case is not just improbable; it is impossible,” Hodes asserted.
Malema’s legal team also contended that there was insufficient evidence against the political leader, questioned the authenticity of viral celebration videos, and noted the absence of eyewitnesses testifying against Malema.
Advocate Shane Matthews, representing Snyman, challenged the State to provide evidence that Snyman had handed the firearm to Malema, stating, “We will see if the State can stand up here today and produce any evidence.”
However, State Prosecutor Advocate Joel Cesar argued that the prosecution possessed a powerful witness: video footage.
He asserted that video evidence was impartial, unemotional, and free from exaggeration or bias.
Magistrate Olivier, acknowledging the substantial volume of documents and submissions, postponed the matter to October 19 for her judgment.