EFF leader Julius Malema inside the East London Regional Court.
- The trial of EFF leader Julius Malema and his bodyguard, Adriaan Snyman, continues at East London Regional Court.
- The court is expected to hear a request for the disqualification of Justice Twanet Olivier.
- Malema is accused of firing a rifle at the EFF’s fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane in 2018.
The firearms-related trial of EFF leader Julius Malema and his bodyguard, Adriaan Snyman, has taken a new turn with a defense request for the recusal of Judge Twanet Olivier.
Olivier is accused of being biased and taking on the role of prosecutor.
The issue began during testimony from Samuel Kwata, a service provider employee at the EFF’s fifth anniversary event at the Sisa Dukashe stadium in east London in 2018, the audiovisual company Gearhouse.
Olivier had asked Kwata to identify Malema in a video admitted into evidence.
He indicated when the slow motion clip should be paused and asked Kwata if he could see the firearm Malema was carrying in the video.
His questioning seemed to have irritated Malema, who tried to get the attention of her legal team. But his lawyer couldn’t see it.
Malema, visibly shaken and frustrated, stood up and yelled:
She’s processing us now! We are being prosecuted for her!
Then he sat down again.
His attorney, Laurence Hodes, SC, and his co-defendant’s attorney, Shane Matthews, then addressed the court.
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Matthews was the first to argue: “I just want to put my objection on the record for Your Honor’s cross-examination. You have asked this witness to go beyond simple clarification. In fact, you are conducting the evidence as if you were a prosecutor.” . .”
Hodes noted that when Kwata said that he couldn’t identify Malema on stage, Olivier asked him how that was possible. This was followed by the video, in slow motion, and more questions from Olivier about the object Malema was carrying.
In his defense, Olivier said that he did not have the evidence of the parties before him and that, from time to time, he would ask a witness to clarify something.
EFF spokesman Sinawo Thambo said the party supported the disqualification request.
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“She herself has shown that she has a vested interest in how this matter should be concluded. She has shown herself to be biased and has led that witness to make critical remarks, contrary to what she had originally made, and that was out of place. Tambo said.
The matter continues on Thursday with the request for recusal.
