Julius Malema vows to appeal court ruling after firearm conviction

EFF leader Julius Malema has indicated his intention to appeal to the “politically motivated” court finding that he was guilty of unlawfully discharging a firearm.

Malema and his former bodyguard, Adriaan Snyman, were charged after video footage showed a rifle being handed to Malema, who then fired shots into the air at the packed Sisa Dukashe Stadium in Mdantsane in 2018 during the party’s fifth birthday rally.

The East London Magistrate’s Court on Wednesday convicted Malema on all five charges 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 while Snyman  was acquitted.

Both had pleaded not guilty to all charges.

The State argued the actions endangered thousands of supporters, while the defence insisted the "toy gun" fired blanks and no witnesses could confirm live rounds were discharged.

However Magistrate Twanet Olivier ruled that the rifle fired by the EFF leader was real and not a prop as the defence had claimed.

Outside the courthouse, Malema told supporters that he would challenge the conviction all the way to the Constitutional Court.

“A revolutionary going to prison or death is a badge of honour. We cannot be scared of prison, we cannot be scared to die for the revolution.

Malema dismissed the verdict as politically-motivated, saying: “By releasing accused number two [Snyman], the whole case should have collapsed.

"But the racist [magistrate] was looking for me and that’s why they could not collapse the case, to appease AfriForum, to appease the Oval Office of Donald Trump, to appease all the white supremacists of SA who want to undermine the dignity and the strength of black people.” 

Malema is out on bail and will appear again in court for pre-sentencing on January 23.

Cape Times