A flat-screen television set has been brought into East London Regional Court 1 to view cellphone footage showing Economic Freedom Fighters (EFF) leader Julius Malema seemingly firing a rifle in front of a cheering crowd at Sisa Dukashe Stadium in Mdantsane in 2018.
Malema faces charges of unlawful possession of a firearm, unlawful possession of ammunition, and three counts of contravening the Firearms Control Act, all linked to the shooting incident.
His bodyguard, Adriaan Snyman, is accused of handing Malema the rifle at the event while on stage. Snyman faces one count of contravening the Firearms Control Act and failure to take reasonable precautions to avoid danger to a person's property.
The pair have pleaded not guilty to all charges. The alleged shooting happened at the EFF's fifth birthday celebrations on 28 July 2018.
Malema's lawyer, advocate Laurance Hodes, and Snyman's lawyer, Shane Matthews, are expected to discredit the authenticity of the video footage and the rifle.
On Tuesday, retired visible policing unit commander Colonel Ngamlana Nkwali told the court that he opened a docket after the Mdantsane station commander Brigadier, Clive Nkopo, showed him the video on 2 August 2018.
Nkwali, who commanded a team of police officers who oversaw safety and security at the event, said he never saw Malema firing the rifle on that day.
He added that none of his officers informed him of the incident.
Nkwali said he only observed fireworks behind the podium.
He said he was 150 metres from the podium where Malema had allegedly fired the rifle. He added that no major incidents were observed on the day of the event, except for an incident when excited spectators stormed the pitch and rushed to the podium.
He said a fence surrounding the pitch was damaged and also revealed that police officers were handed a cartridge which was picked up by municipal cleaners after the event.
According to Nkwali, the EFF organising team was well organised during the event.
Nkwali, who retired in 2020 after 37 years with the police, said the rifle fired by Malema normally has 35 rounds.
Nkwali told the court he did not know the "white guy" who appeared to have handed Malema the rifle.
Pointing at Snyman in the dock, Nkwali said he had not seen him before.
Nkwali said that in his two meetings with the EFF before the event, he was never told that the event would also feature live ammunition being fired.
He said police ensured that members of the public did not enter the stadium with weapons.
The trial was set to resume on Wednesday at 11:00.
Prosecutor Joel Cesar told reporters inside court that the State was still trying to sort out a "few" things.
A court official later told News24 the court proceedings were likely to be moved next door to the High Court, due to a faulty air-conditioning system and because the regional courtroom was too small.
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