The East London Magistrate’s Court delivered a landmark ruling on Wednesday, convicting Economic Freedom Fighters (EFF) leader Julius Malema on multiple firearms-related charges linked to a dramatic incident at the party’s fifth birthday rally in 2018.
Malema was found guilty on all five charges brought against him, including unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a public area, reckless endangerment of persons or property, and failing to take reasonable precautions to avoid danger. The case stemmed from a widely circulated video showing the opposition leader firing shots into the air at the packed Sisa Dukashe Stadium in Mdantsane, Eastern Cape, during the EFF’s anniversary celebrations.
The trial also involved Malema’s former bodyguard, Adriaan Snyman, who was captured on video handing the rifle to his boss before the shots rang out. Snyman, the owner of a private security firm contracted by the EFF at the time, was acquitted on two of the six charges he faced. Magistrate Twanet Olivier ruled that Snyman was not guilty of reckless endangerment or failing to take precautions and subsequently discharged him.
The courtroom was filled with EFF members and supporters, many wearing the party’s trademark red regalia, as the high-profile verdict was delivered. Both Malema and Snyman sat quietly in the dock while Magistrate Olivier, visibly ill with flu, read out her judgment.
“Accused one [Malema], in respect of counts one, two, three, four, and five you are found guilty as charged. Accused two [Snyman], in respect of counts four and six you are found not guilty and discharged,” Olivier said.
The charges were initially laid by lobby group AfriForum following the 2018 rally, where thousands of EFF supporters witnessed the gunfire. The state argued that Malema’s actions posed serious danger to the crowd and contravened South Africa’s Firearms Control Act.
Julius Malema Found Guilty of Unlawfully Discharging Firearm at 2018 Rally
From the beginning, Malema and Snyman maintained their innocence, pleading not guilty to all charges. Their legal team argued that the weapon was a “toy gun” firing blanks, insisting that no evidence existed to prove live rounds were discharged. They also claimed the prosecution had failed to produce sufficient evidence and sought to have the charges struck off.
That application was dismissed, with Olivier ruling that the state had presented adequate grounds to proceed with the trial.
In her judgment, Olivier stressed that the central issue was not the viral footage itself but whether the firearm used was real. She rejected the defence’s attempt to undermine the case by dismissing the widely circulated video on grounds that its originator was not traced.
“The only aspect to be determined is whether the rifle fired by Malema was a real firearm or not, and the court is of the view that the viral footage is not needed to arrive at a finding in this regard,” Olivier explained.
She noted that the defence had paradoxically relied on the same viral footage during cross-examination to highlight specific arguments, even while simultaneously questioning its authenticity.
While the viral clip was not admitted as authenticated evidence, the court accepted footage from Gearhouse, a company contracted to provide staging and audio-visual services at the rally. Gearhouse had its own professional cameras recording the event, and its material was deemed traceable, authenticated, and therefore admissible.
“I will admit and mention that the Gearhouse footage is not as visible as the viral footage. But in this regard, the Gearhouse footage is ruled as real evidence: it is relevant, it was authenticated and therefore it is ruled admissible,” Olivier said.
With Malema now convicted on all counts, the case has moved into its next phase. The matter was postponed to 23 January for pre-sentencing proceedings, during which submissions will be made by both the defence and prosecution on what penalty the EFF leader should face. His bail was extended until then.
Legal experts say Malema could face a range of penalties, from fines to imprisonment, depending on the court’s assessment of the seriousness of his actions and his standing as a public leader.
The verdict marks a significant moment for Malema, one of South Africa’s most prominent and controversial opposition figures. His fiery rhetoric and bold political stunts have cemented his reputation as a formidable political force, but critics argue that Wednesday’s ruling highlights a reckless disregard for the law.
Analysts suggest the conviction could have political consequences for the EFF, particularly as it prepares for upcoming elections. While Malema’s supporters see him as a fearless leader unfairly targeted by the state, opponents argue the case underscores his unfitness for leadership.
The ruling also underscores the accountability of public figures under South African law, particularly regarding firearms offences. For now, all eyes will be on the January proceedings to see what sentence awaits the EFF commander-in-chief.
Source- Bulawayo24
