“The NPA (National Prosecuting Authority) will have to prosecute Malema because there is a prima facie case.”
According to the lawyer, Malema will most likely be arrested, processed and appear in court.
In a video that News24 published on Tuesday, Malema appears to be firing shots from an assault rifle during the EFF’s 5th anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane in the Eastern Cape on Saturday.
“He (Malema) shot (a rifle) in a built-up area, he fired it when there were people in the vicinity where he endangered the lives of others, and he used a firearm that was obviously not licensed to him. Those are at least three offences (Malema) could be charged with.”
But the video might not be sufficient evidence to secure a conviction.
“The difficulty is always going to be the authenticity of the evidence. Video evidence can be challenged and will require a witness to testify and confirm the authenticity of the video and that Malema was the person who discharged the firearm.
“But there’s definitely evidence of an offence.”
According to the legal expert, the most serious charge would be the illegal possession of a firearm, which carries a minimum sentence of 15 years in prison. Discharging a firearm in a public space is punishable by a fine, while endangering the lives of others could carry a sentence of five years’ imprisonment.
On Wednesday, police confirmed that they would investigate the incident.
“I can confirm that the SAPS (South African Police Service) registered a case of discharging of a firearm in a built-up area. The due processes will follow,” said police spokesperson Brigadier Vish Naidoo.
Earlier on the same day, lobby group AfriForum laid charges against Malema of contravening the Firearms Control Act.
“It is not a firearm and no real bullets were shot. It was a simulation, part of our entire act of celebrating the 5th anniversary. It coincided with the singing of struggle songs and fireworks,” Ndlozi told News24 on Tuesday.
In response to the charges brought by AfriForum, Ndlozi said: “We have nothing to fear from a police investigation. AfriForum has made the EFF and Mr Malema its agenda. They led a march called Black Monday where real guns were being proudly displayed in public; have they opened cases there as well?” DM
Want to watch Richard Poplak’s audition for SA’s Got Talent?
Who doesn’t? Alas, it was removed by the host site for prolific swearing*... Now that we’ve got your attention, we thought we’d take the opportunity to talk to you about the small matter of book burning and freedom of speech.
Since its release, Pieter-Louis Myburgh’s book Gangster State, has sparked numerous fascist-like behavior from certain members of the public (and the State). There have been planned book burnings, disrupted launches and Ace Magashule has openly called him a liar. And just to say thanks, a R10m defamation suit has been lodged against the author.
Pieter-Louis Myburgh is our latest Scorpio Investigative journalist recruit and we’re not going to let him and his crucial book be silenced. When the Cape Town launch was postponed, Maverick Insider stepped in and relocated it to a secure location so that Pieter-Louis’ revelations could be heard by the public. If we’ve learnt one thing over the past ten years it is this: when anyone tries to infringe on our constitutional rights, we have to fight back. Every day, our journalists are uncovering more details and evidence of State Capture and its various reincarnations. The rot is deep and the threats, like this recent one to freedom of speech, are real. You can support the cause by becoming an Insider and help free the speech that can make a difference.
*No video of Richard Poplak auditioning for SA’s Got Talent actually exists. Unless it does and we don’t know about it please send it through.
"Housework won't kill you but then again, why take the chance?" ~ Phyllis Diller