Malema accuses magistrate in firearm trial of incompetence

Malema accuses magistrate in firearm trial of incompetence

EFF leader Julius Malema has accused the magistrate presiding over his firearm discharge case of incompetence.

EFF leader Julius Malema
EFF

Malema addressed the EFF supporters outside the East London Magistrate's Court on Thursday, shortly after the denial of his application to have the case struck off the roll. 


Malema is accused of firing a rifle which was handed to him by his co-accused, Adriaan Snyman, during the EFF's birthday celebrations at Mdantsane's Sisa Dukashe Stadium in 2018.


Snyman has also been charged with contravening the Firearms Control Act.


In September, Malema's legal team brought an application to have the charges dismissed due to what they called a lack of substantial evidence.


On Thursday, Magistrate Twanet Olivier dismissed the two accused’s application to withdraw all charges against them due to lack of evidence.


Malema and Snyman pleaded not guilty to all six charges levelled against them.


Addressing the crowd outside court, Malema accused Olivier of incompetence and "being sponsored".  


This after Olivier requested to fetch a few notes in her chambers while delivering judgment.


"We said to them we are not coming back here until after the elections," Malema said.


"We will come back here to sit and listen to that incompetent magistrate, who comes late to court, who can't get her papers in order, who can't read her own judgment.


"Who adjourns the court during judgment to go backand receive [Public Enterprises Minister ]  Pravin Gordhan’s call, and receives [President Cyril]  Ramaphosa’s call and receive [National Director of Public Prosecutions ] Shamila Batohi’s call? When she comes back to give her judgment she’s shaking like hell because it’s not her judgment, it’s a sponsored judgment."


"Where have you ever heard such a thing, that a magistrate leaves in the middle of a judgment to go behind the court and when she comes back she is shaking?"


Malema also leapt to the defence of his co-accused.


 "You don't want Adriaan, you have nothing against Adriaan. Release my white man and face me alone, I don't need anyone, I can stand up to all of you alone.


"So, comrades, that's what we're dealing with and will deal with that after elections. From here, in our minds there's no court, there's no case."


The matter has been postponed to early next year.


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