JULIUS Malema will know his fate in connection with his firearm case on Monday, 29 September.
The East London Magistrates Court is set to deliver judgment in the long-running trial where Malema and his personal protector, Adriaan Snyman, face charges of contravening the Firearms Control Act, including the unlawful possession of firearms and ammunition.
The state wants the two men to be found guilty on all six charges related to the alleged discharge of a firearm during the EFF's 5th Anniversary celebrations at Sisa Dukashe in Mdantsane, Eastern Cape in 2018.
Prosecutor Advocate Joel Cesar told the court during closing arguments in July that evidence presented to the court proved beyond reasonable doubt that Malema and Snyman were guilty of all charges against them.
He said: "The evidence that has been presented in this court is real."
Cesar argued that the video footage was the best evidence to explain exactly what happened on the night the alleged crime was committed.
He said it was clear from the footage that when Malema fired the shots people started running, which meant they feared for their lives.
But Malema has denied the charges and claimed they are politically and racially motivated.
He pleaded not guilty, insisting the gun was a fake firearm and contained no live ammunition.
ALSO READ | WOMEN'S MONTH: Retang turns granny's recipe into goldOpens in new window
He further testified that a lack of alarm from the crowd supported his claim that the firearm was not real.
His lawyer, Advocate Laurence Hodes, submitted that both the suspected firearm and cartridges cannot be linked to his client.
"There's no evidence of authenticity of the viral video footage or the identity of what appears to be a firearm that is alleged to have been fired by accused one on which a reasonable court, acting carefully, might convict," he said in his closing arguments.
Hodes claimed that nobody acted in fear in response to Malema's conduct on the stage at the stadium during the celebration.
He said none of the five cops that were on the stage saw anything untoward on the part of Malema.
Hodes pointed out there's no indication of any physical damage caused by any live rounds.
He said the celebration was attended by thousands of people but there's not even a single eyewitness that has appeared before the court either as a witness or complainant to say they feared there was a risk, or they witnessed Malema firing a live round from a proper firearm.
Snyman's defence Shane Matthews said allegations that his client had control of the firearm and created risk to people attending the celebration was not true.
