It's not possible Malema will be found guilty — Shivambu
Police officer grilled by defence advocate on alleged firing of gun at stadium
“The commander-in-chief is not going to be declared guilty in this case. It is not possible.”
EFF deputy president Floyd Shivambu gave this reassurance to hordes of EFF supporters outside the East London magistrate’s court on Friday, shortly after the postponement of the trial.
The case relates to party leader Julius Malema and his bodyguard Adriaan Snyman who face charges relating to an alleged discharging of a firearm during the party’s fifth birthday celebration in Sisa Dukashe Stadium in 2018.
Malema is charged with the 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 or property.
Snyman is charged with failing to take reasonable precautions to avoid danger to people or property and providing a firearm or ammunition to someone not licensed to possess it.
Both pleaded not guilty to the charges. Shivambu said: “We have come to the end of this session of the court appearance by the commander-in-chief.
“What happened today is that we are on a road towards dismissing this frivolous case that was brought by AfriForum and the ANC government.
“The commander-in-chief is not going to be declared guilty in this court.
“Today they brought someone who is supposed to be a police officer who contradicted himself. It was evident he didn’t write those statements…
“So far so good. We are still safe. There’s not going to be any conviction. The lawyers are doing the job they are supposed to be doing.”
On Friday a fourth state witness for the week took the stand. Lt-Col Nkosikho Mzuku, who was the Mdantsane cluster communication officer, holding the rank of captain at the time, testified that he was forwarded a video, one of the three videos before the court, on August 1 2018.
He said in the video Malema shot the firearm and then handed it to Snyman.
He said the firearm looked like a rifle. Under cross examination by advocate Laurence Hordes SC for Malema, Mzuku said he “took action” after he received the video.
He initially said he had made one statement to the police in relation to the case, but two more statements were introduced in court.
In one statement he mentions Malema handing over the firearm to Snyman.
Hordes grilled the officer regarding the handover.
“Before Mr Malema had the firearm. Mr Snyman came closer and took the firearm. That is where there is an exchange. After a second Mr Malema is no longer carrying the firearm,” he said.
Hordes said he was not telling the truth but Mzuku stuck to his answer.
When it was put to him that it could be a toy or TV firearm, Mzuku said: “That’s how you see it. It appears to be a firearm.”
Malema will be back in the dock on September 11 when the trial continues.