South Africa

ANALYSIS

Julius Malema’s court no-show part of a trend of contempt for courts

Julius Malema’s court no-show part of a trend of contempt for courts
JULY 4, 2019. Pretoria. Economic Freedom Fighters leader Julius Malema Appeared in the North Gauteng High Court on Thursday. Malema challenged the Riotous Assemblies Act of 1956. He has been charged with violating the Act at least twice , once in Newcastle in KwaZulu-Natal and again in Bloemfontein, where he urged supporters to invade vacant land. PHOTOGRAPH: ALON SKUY

A warrant of arrest was issued against Julius Malema on Monday morning after the EFF leader failed to appear in court as required. Malema is facing five charges relating to the illegal discharging of a rifle during a political rally in 2018. Malema may be unconcerned, but the growing trend of expressions of contempt towards the court is a more serious issue.

On Monday 24 February, Julius Malema tweeted an SABC news clip in which NPA spokesperson Loxolo Tyhali explained the warrant of arrest issued shortly beforehand against Malema.

“At this moment the warrant of arrest won’t be effected. It’s just standard procedure when the accused is not before court,” Tyhali told the cameras.

Malema was due to appear in the East London Magistrate’s Court on Monday alongside bodyguard Adrian Snyman, for a pre-trial hearing before the case in which both men will be charged with five counts relating to the illegal discharge of a rifle at an Mdantsane rally in 2018. Neither Malema nor Snyman arrived.

According to Tyhali, Malema’s legal representative approached the magistrate dealing with the matter “in chambers” and “made explanations” as to why Malema and Snyman were not able to be present in court.

Malema’s lawyer Ian Levitt later accused the NPA of showboating, claiming that the defence had agreed with prosecutors beforehand that Malema’s presence was not required in court until the commencement of the actual trial.

But the NPA maintained that whatever arrangements had been made, the requirements of the Criminal Procedure Act meant that a warrant of arrest for the two men had to be issued as a result of the court no-show. It will be stayed until their next scheduled court date, on 8 May 2020.

This puts Malema in exactly the same boat as former president Jacob Zuma – who failed to appear for his last scheduled court hearing on 5 February and has now had an arrest warrant issued against him, stayed until his next appearance on 6 May 2020.

Zuma’s apparent response to the news of the arrest warrant was to tweet a photograph of himself aiming a gun from atop a quad bike. The tweet was generated on Zuma’s verified Twitter profile.

Malema took a less overtly combative approach. After noting the issuing of the arrest warrant via his SABC retweet, the EFF leader posted a video of a pot coming to the boil over a fire, with the words: “Cooking goat in the village…”   

The EFF leader is believed to be currently attending to family matters.

This follows an eventful 10 days for Malema, following the Fighters’ disruption of the State of the Nation Address (SONA) with calls for former president FW de Klerk to be evicted from Parliament, and the subsequent accusations and counter-claims of spousal abuse flying between Malema and the ANC caucus in the post-SONA debate.

It is likely that Malema is genuinely unruffled by the firearm charges, which he has previously described as “mischievous”. Former spokesperson Mbuyiseni Ndlozi has claimed that neither the rifle nor the bullets used during the EFF’s 5th-anniversary celebrations were real, alleging that they were part of the “act” of celebration.

The major evidence held by the state in the case appears to be news footage showing Malema allegedly firing several rounds from an assault rifle, which he then hands to Snyman. It is this footage which the state was due to deliver to the defence on Monday.

The most serious charge Malema could face is illegal possession of a firearm, which carries a possible sentence of 15 years in jail.

But the wider significance of this latest Malema-related misadventure is with regards to the status and functioning of the South African courts.

Many of Malema and Zuma’s supporters seem to have greeted the two politicians’ failure to respect their most recent court dates with approval and satisfaction. This is occurring while the likes of former SAA chairperson Dudu Myeni had, until recently, repeatedly failed to appear at court proceedings against her.

At the same time, high-profile figures like Malema himself have sought to cast increasing doubt on the independence and legitimacy of the South African judiciary. Public Protector Busisiwe Mkhwebane recently termed her unravelling faith in the country’s judges a “constitutional crisis”.

What these individuals have in common is plenty of past, present and future run-ins with the courts. It suits the Zumas and Malemas to see public confidence in the judiciary eroded before a successful prosecution for corruption can be concluded.

South Africans can expect to see many more expressions of contempt towards the courts – but it shouldn’t be forgotten what is at stake. DM

Gallery

Please peer review 3 community comments before your comment can be posted

X

This article is free to read.

Sign up for free or sign in to continue reading.

Unlike our competitors, we don’t force you to pay to read the news but we do need your email address to make your experience better.


Nearly there! Create a password to finish signing up with us:

Please enter your password or get a sign in link if you’ve forgotten

Open Sesame! Thanks for signing up.

We would like our readers to start paying for Daily Maverick...

…but we are not going to force you to. Over 10 million users come to us each month for the news. We have not put it behind a paywall because the truth should not be a luxury.

Instead we ask our readers who can afford to contribute, even a small amount each month, to do so.

If you appreciate it and want to see us keep going then please consider contributing whatever you can.

Support Daily Maverick→
Payment options

Become a Maverick Insider

This could have been a paywall

On another site this would have been a paywall. Maverick Insider keeps our content free for all.

Become an Insider

Every seed of hope will one day sprout.

South African citizens throughout the country are standing up for our human rights. Stay informed, connected and inspired by our weekly FREE Maverick Citizen newsletter.