Malema finally takes the stand in firearm trial

Malema, alongside co-accused Adriaan Snyman, battles several charges against him for contravening the Firearms Control Act.

During his long-awaited direct testimony on Wednesday, the EFF leader told Magistrate Twanette Olivier that the gun that was heard being fired in a video taken at Sisa Dukashe stadium was a toy.

“I never used any firearm. I never had any ammunition on that day. A gun, to me, means a weapon that carries live ammunition. It was a toy, My Worship.”

He said the EFF often includes special acts as part of their celebratory programmes.

“If you look at us in the video, we make gestures of a firearm when we sing songs. We said on that day, we need to bring a cinema toy as part of (the) celebrations.”

Malema questioned how, in a stadium filled with over 20,000 people, the court never managed to secure a witness who testified to being scared during the incident.

He wanted to know who had reported that their lives were in danger on the day.

The EFF leader said that he had listened to the state for five years insinuating that black people have been so ‘bastardised’ that they would not run and take cover if live ammunition was fired and their lives were in danger.

“I don’t understand why the court wants me to help the state make its own case. My DNA was not found on that weapon, my house and workplace were never searched, and I was never questioned about that weapon. But I must come before this court and answer on weapons that cannot be placed anywhere close to me.”

Malema requested that he take magistrate Olivier through the three videos, where he is alleged to have fired a pistol and then later a rifle, that he is accused of handing over to Snyman.

“There are police officers from the VIP protection unit on that stage. If I discharged anything with live ammunition in public, they would have acted on me.”

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He said their Joint Operation Centre, made up of medics, traffic officers and police, would have also reacted to gunfire, as they were anticipating political rivals to disrupt proceedings on the evening.

“Police carry pocketbooks; why didn’t the investigating officer not go and fetch the pocketbook as evidence? I am the only eyewitness you have.”

The stage set up at the stadium belonged to a hiring company, Gearhouse, and its members previously testified to not noticing any damage to their equipment or hearing any gun-like noises during the anniversary celebrations.

“The stage where it is alleged I was shooting is a dome with a sail covering it. Gearhouse testified there were no damages, which is a clear demonstration that no live ammunition was shot in the stadium,” Malema told the court.

On Tuesday, a defence witness and a firearms expert, Martin Hood, testified that Malema had the competency certificate to handle any firearm.

“I had a firearm when I was about 18 when I was not qualified by age. I was the president of the Congress of South African Students, and my life was in danger.”

He said the ANC had to write a special motivation to explain why he should be allowed to carry a firearm.

“But now that I am the president of the EFF, I have not needed to carry a firearm, as I have the protectors with me. But competency, I have not been disqualified by any court to carry a firearm.”

Before concluding his evidence, Malema pointed out a potential suspect for the court.

 “There are two people approaching me in the video; one is Larry Mabunda, and the other is accused number 2 (Snyman). He and Mabunda were working for the same company.”

Malema said Mabunda was the person who had signed out the gun on the evening.

“Why is Larry not charged and called to court to come and account? Why am I being called to come and answer for a gun not issued in my name and not found on my property?

“An innocent man was charged. Both Mabunda and Snyman are coming to me in that video. Why is it conclusive that the white man is the one charged? The intention was to make the white turn state witness against me. They wanted him to sell me out. Little did they know he is a soldier who dies with his boots on.”

State prosecutor Joel Cesar will lead the state's cross-examination of the EFF leader on Thursday.