Inside the courtroom: The journey of Julius Malema's firearm trial
He might have been entertaining when he took to the stand to testify in his firearm case.
But his testimony did very little to ensure he walked out of the East London Magistrate’s Court on Wednesday a free man.
Magistrate Twanet Olivier found Julius Malema guilty of unlawfully discharging a firearm during the EFF’s fifth-anniversary rally in Mdantsane in 2018.
He was convicted on charges that also included unlawful possession of a firearm and ammunition, as well as reckless endangerment.
But the matter might be far from over as Malema told his throngs of supporters that he will take the verdict on appeal.
While delivering her judgment, Olivier said that though Malema’s testimony was “entertaining”, the pertinent questions remained unanswered.
“[Malema] told the court he had counted fifteen shots fired … he then stated he could not count because he had graduated in woodwork,” she said.
“On how the cartridge or the SPA 249-14 was linked to him, he said, ‘it must have been the Holy Spirit’.”
Olivier said such answers did not do him any favours.
The case stems from July 28 2018, when Malema discharged a rifle into the air during the party’s fifth birthday celebrations at Sisa Dukashe Stadium.
A video of the incident went viral, showing Malema firing fifteen shots with a handgun followed by seven shots with a rifle.
Malema then joined the delegates on stage and was no longer in possession of the rifle.
Adriaan Snyman, Malema’s former bodyguard and manager at Tactical Security, appears in the footage approaching Malema shortly after the shots were fired.
Snyman was also charged in connection with the incident but was acquitted.
Malema and Snyman were arraigned on the following charges:
- Unlawful possession of a firearm – rifle and unknown firearm, Malema only; and
- Unlawful possession of ammunition, Malema only; and
- Discharge of a firearm in a public place, Malema only; and
- Failure to take reasonable precautions to avoid danger to person or property, Malema and Snyman; and
- Reckless endangerment to person or property, Malema only; and
- Providing a firearm or ammunition to a person not allowed to possess it, Snyman only.
The state led evidence from 18 witnesses.
The final witness for the state was the investigating officer Colonel Rodney Swartbooi.
Evidence included video and audio footage showing Malema firing multiple shots with two different calibre firearms.
On July 30 2018, a spent cartridge was found at the stadium.
It was later linked to a rifle SPA 249-14 owned by Tactical Security, where Snyman worked as manager.
On September 14 2023, the State concluded its case.
The defence requested an adjournment to peruse their notes and intended to apply for a discharge under section 174 of the Criminal Procedure Act.
The state opposed the application.
It was unsuccessful and the accused had to present their case.
The video footage showed Snyman approaching Malema immediately after the shots were fired.
In seconds, the two move toward each other, then Snyman moves away.
Malema is no longer in possession of the firearm.
Two days after the rally, Buffalo City Metro cleaner Ntombifikile Mankomo found a spent cartridge at the stadium.
This became a key piece of evidence.
AfriForum opened a case against Malema in August 2018, and he was formally charged the same month.
Malema’s defence argued the firearm was a toy and could not fire live ammunition.
Olivier found this unconvincing.
Ballistics reports, eyewitness accounts and viral video confirmed the rifle was real.
Its discharge posed a serious risk to the public, she said.
His first court appearance was in November 2019.
On March 1 2022, proceedings were postponed after the resignation of the prosecutor from the National Prosecuting Authority.
Malema and Snyman pleaded not guilty the following day.
Retired Colonel Ngamela Nkwali, who oversaw police security at the rally, was among the first witnesses.
He detailed the potential dangers of firing live ammunition in a crowded venue.
On January 30 2023, Malema and Snyman challenged the admissibility of the viral video.
Olivier ruled the footage crucial and allowed it as evidence.
She also dismissed an application for her recusal after claims of bias.
The courtroom became a stage for politics as well as law.
On September 11 2023, a facial identification expert confirmed Malema’s presence in rally images.
The next day, AbaThembu King Buyelekhaya Dalindyebo attended court to support Malema, calling him a victim of persecution.
Malema frequently confronted Olivier in court, criticising her punctuality and court management.
On September 13 2023, he openly lashed out in court.
On October 19 2023, after an application to drop charges was dismissed, he publicly refused to apologise for remarks outside the courtroom.
By June 2024, Malema took the stand in his own defence and denied firing live ammunition.
He maintained the rifle was a toy and described the trial as a waste of public funds and time.
Closing arguments were made from September through October 2024.
Olivier’s health delays postponed part of the proceedings to January 2025.
The judgment was finally delivered on Wednesday.
Olivier said the viral video was not used to reach her decision.
“The only aspect to be determined is whether the rifle fired by Malema was a real firearm or not and the court is of the view that the viral footage is not needed to enable the court to arrive at a finding in this regard,” she said.
“As a side remark, it should be noted that the very same viral video footage was used by the defence to indicate certain factors that they wanted to place on record and in the same breath the court was asked to rule that the viral video footage is inadmissible on the basis that the originator of the said footage was not traced and called as a witness.
“Therefore, though the court ruled the said footage as real evidence, as it is relevant, it should be excluded as it was not authenticated.”
She said it begged the question as to why the defence relied on the footage during their cross-examination of the state witnesses to emphasise certain factors or facts.
She, however, said the footage taken by Gearhouse was admissible.
Gearhouse is the company that provided staging and audio-visual services for the rally.
It had its own cameras recording the event.
Because its footage could be traced back to the service provider and was properly authenticated, the court admitted it.
“I will admit and mention that the Gearhouse footage is not as visible as the viral footage.
“But in this regard, the Gearhouse footage is ruled as real evidence: it is relevant, it was authenticated and therefore it is ruled admissible.”
After the verdict, Malema joined his supporters in singing “Kill the Boer, Kill the Farmer”.
He told supporters he would challenge the conviction all the way to the Constitutional Court.
“Revolutionary going to prison or death is a badge of honour,” Malema said.
“We cannot be scared of prison, we cannot be scared to die for the revolution.
“So whatever they want to do, they must know we will never retreat from the ideas and the seven cardinal pillars of the EFF, and the centre of those is to expropriate land without compensation.”
Malema dismissed the verdict as politically motivated.
“By releasing accused number two [Snyman], the whole case should have collapsed.
“But the racist 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 supremacist of SA who want to undermine the dignity and the strength of black people,” he said.
He vowed to fight the conviction at every level of the judiciary.
“We are going to the appeal and we’ll go to the Supreme Court.
“We’ll end up at the Constitutional Court. We are not fighting the case.
“We are fighting racism,” Malema said.
He also said Olivier was racist.
Pre-sentencing proceedings are scheduled for January 23 2026.
Malema’s bail was extended until then.
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