Monday, 09 December 2024.

The Economic Freedom Fighters (EFF) notes the closing arguments that took place today in the case against our Commander in Chief (CIC), Julius Malema, and his coaccused, Adriaan Snyman in the East London Magistrate’s Court. This case, rooted in an incident during the EFF’s fifth anniversary celebrations at Sisa Dukashe Stadium in 2018, has been a protracted and politically motivated attack on the CIC.

CIC Julius Malema is facing charges of unlawful possession of a firearm, discharging a firearm in a public space, and reckless endangerment, while Snyman, his bodyguard, is accused of providing a firearm to someone allegedly unauthorised to possess it. Both have pleaded not guilty to all charges,  maintaining their innocence.

Despite the state calling 19 witnesses, it has failed to prove its case beyond a reasonable doubt, as evidenced by its own admissions during closing arguments. The prosecution, led by Advocate Joel Cesar, has resorted to portraying the CIC as “evasive, untrustworthy, and dishonest,” attempting to cast doubt on his credibility rather than presenting substantive evidence.

These attacks on the CIC’s character are a desperate strategy to deflect attention from the state’s failure to establish a compelling case. Even the prosecutor admitted that the state could not conclusively prove that Snyman handed a firearm to CIC Julius Malema, further undermining the basis of the charges.

The defence’s closing arguments were a powerful dissection of the state’s case, highlighting the critical flaws in evidence presented against CIC. Central to their argument was the dismantling of the state’s witness testimonies, emphasising that no credible witnesses claimed to feel endangered on the day of the alleged incident.

The defence also pointed to the complete lack of proof connecting the cartridge, allegedly found at the stadium days later, to the firearm supposedly used by CIC. Notably, no gunshot residue tests were conducted on Malema, and the cartridge bore no fingerprints or DNA linking it to him. Additionally, serious concerns were raised regarding the chain of custody of the cartridge, further undermining its validity as evidence.

The defence further argued that the state’s reliance on unauthenticated video footage lacked credibility, as there was no substantiation of the footage’s origin or integrity. Furthermore, no eyewitnesses were presented to confirm the alleged discharge of a firearm, nor was there any physical evidence of a handgun tied to Malema. By highlighting these glaring gaps, the defence demonstrated the prosecution’s inability to prove their case beyond a reasonable doubt.

Through their arguments, the defence showed that the state failed to even present circumstantial evidence strong enough to warrant a trial of this length and intensity. They argued that the case should have been dismissed much earlier, reiterating that an acquittal is the only just outcome given the lack of credible evidence and the prosecution’s inability to establish guilt beyond reasonable doubt. As it stands, the continuation of closing arguments have been postponed to the 23rd of January 2025 due to a delayed start in proceedings.

The long journey of this case has been an assault on the principles of justice and fairness. It is a textbook example of using state institutions to target political opponents, particularly those who champion the cause of the oppressed and marginalised. The EFF has always maintained that this case is part of a broader effort to tarnish the reputation of the CIC and disrupt the revolutionary work of the organisation.

We call on all fighters and the to continue to stand firm in solidarity with CIC Julius Malema and remain vigilant against all attempts to use the judiciary as a weapon of political persecution.

ISSUED BY THE ECONOMIC FREEDOM FIGHTERS

Leigh-Ann Mathys (National Spokesperson) 082 304 7572

Thato Lebyane (Media Enquiries) 078 304 7572