Malema, bodyguard’s defence teams ask magistrate to recuse herself

The trial of EFF leader Julius Malema and his bodyguard Adriaan Snyman took a dramatic turn on Wednesday when their defence teams informed magistrate Twanet Olivier they had been instructed to make an application for the magistrate to recuse herself.

But the move will not go unchallenged.

National Prosecuting Authority spokesperson Luxolo Tyali said they would oppose the application.

“We believe there are no grounds for her recusal.

“We want the trial to proceed,” he said.

EFF spokesperson Sinawo Tambo said they wanted the magistrate to recuse herself as she had “exhibited a palpable bias against the commander-inchief by leading a witness who has already made certain testimony to make certain observations and conclusions which were contrary to the conclusions he had made first in his testimony”.

Tambo said if in the defence of “justice and fairness, the trial must start from scratch, then so be it”.

That was after Malema — who is accused of discharging a firearm during the party’s birthday celebration in the Sisa Dukashe Stadium in 2018 — burst out that Olivier was “prosecuting” them.

State witness Samuel Kwata had been giving evidence in relation to three pieces of video footage played in court, and was being cross-examined by the defence teams.

Kwata said he did not witness any shooting, and only heard about it from a colleague on July 29. “He showed us on the phone,” he said.

“They were dancing to struggle songs, I heard gunshots.

“I didn’t see who was shooting.”

Kwata said the footage had not been tampered with while in his possession.

He said he had not seen the third video, which had been shot by a person unknown to him.

In cross-examination, he said the laptop that had their footage on it was stolen at another event.

Olivier asked questions pertaining to the videos, and later Kwata moved next to the TV as he said he could not see from afar.

He was asked to note who the people in the video were, and noticed a person wearing a buttoned long-sleeve shirt and his movements and what he was carrying.

When Olivier finished asking Kwata questions, advocate Shane Matthews SC for Snyman said the magistrate was leading the prosecution.

Advocate Laurence Hodes, for Malema, said Olivier had directed Kwata “to specific clothing”.

Olivier, in response, said she was asking questions about what the videos entailed, and about an event the witness attended.

“We are all aware questions by the court are not limited to evidence-in-chief, neither by what emanates from cross-examination,” she said.

Malema is charged with unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public place, reckless endangerment of people and property and failing to take reasonable precautions to avoid danger to people and property.

Snyman is charged with failing to take reasonable precautions to avoid danger to people and property, and with providing a firearm or ammunition to someone not allowed to possess it.

They have pleaded not guilty to all the charges.

The application will be heard on Thursday.