EFF leader Julius Malema. (Delwyn Verasamy/M&G)
Economic Freedom Fighters (EFF) leader Julius Malema has been found guilty of contravening the Firearms Control Act by firing a gun at his party’s fifth anniversary celebration rally in 2018 and is waiting for a pre-sentencing on 23 January in a case that could derail his political career and ambitions.
Malema argued during the lengthy trial that he was wielding a “toy gun” which did not have live ammunition at the rally seven years ago.
However, Magistrate Twanet Olivier concluded her detailed three-day judgment on Wednesday by finding him guilty of the unlawful possession of firearms and ammunition. Malema’s bodyguard and co-accused, Adriaan Snyman, was found not guilty and discharged.
If Malema is sentenced to more than 12 months in prison without the option of a fine, according to the Constitution, he will not be eligible to be a member of the National Assembly until five years after the sentence is completed.
Afrikaner lobby group AfriForum took Malema to court for contravening the Firearms Controls Act for discharging a firearm in front of a packed crowd at the EFF rally at the Sisa Dukashe Stadium in the Eastern Cape.
The state argued that Malema recklessly endangered lives, but he countered that the charges against him were politically motivated.
Olivier concluded that a video, which showed Malema firing what appeared to be an assault rifle and went viral on social media, was admissible as authentic, as similar footage by events company Gearhouse corroborated it.