EFF leader Julius Malema spent the whole of Monday in the dock as the East London Magistrate’s Court went through years of evidence in his firearm discharge case.
But with time running out, magistrate Twanet Olivier — battling through proceedings with a hoarse, flu-stricken voice — postponed the final verdict to Tuesday.
Malema and his former bodyguard, Adriaan Snyman, are accused of breaking the Firearms Control Act by unlawfully possessing firearms and ammunition.
The charges stem from the EFF’s fifth birthday rally at the Sisa Dukashe Stadium in Mdantsane in 2018.
Video footage presented to court showed Snyman handing a rifle to Malema, who then allegedly fired shots into the air before a packed crowd.
The case was opened after lobby group AfriForum laid charges.
Prosecutor Advocate Joel Cesar argued the shots endangered thousands of supporters.
The defence, however, insisted the gun was a prop firing blanks and that no witnesses ever confirmed live rounds were discharged.
Both Malema and Snyman pleaded not guilty and tried to have the case struck off for lack of evidence, but the application was dismissed.
On Monday, the courtroom was filled with EFF supporters as the pair sat quietly in the dock, waiting for the verdict.
Olivier said she needed to go through all the trial details before delivering judgment.
She explained this would take “very long” but was necessary to show how the court reached its decision.
EFF deputy president, Marshall Dlamini told throngs of party supporters outside court that the matter needed to be finalised.
Approached for comment, legal expert Ulrich Roux said illegally discharging a semi-automatic firearm in a public area could face the 15-year minimum prison sentence for the unlawful possession charge.
He said it was in addition to a sentence for the discharge itself.
“If the court finds compelling circumstances to reduce the sentence for unlawful possession, it could still impose a lengthy term, such as seven or eight years’ imprisonment, to be served concurrently with a sentence for the discharge,” Roux said.
“A rifle is not a semi-automatic firearm, so there is no minimum sentence applicable.
“The surrounding circumstances are taken into account, was anyone’s life in danger?”
If convicted, Roux said, he would most likely be sentenced to three years’ imprisonment.
“That is in my opinion, whilst a portion of that sentence could be suspended.”
The judgment proceedings continue on Tuesday.
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