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The warrant of arrest issued against Economic Freedom Fighters leader Julius Malema at the East London Magistrates’ Court on Monday was “standard practice”, says the prosecuting authority.
Malema, who failed to appear in court this morning, was issued with the arrest warrant, which would not be effected just yet.
He was charged with unlawful possession of a firearm and a related charge following an incident in which the firebrand leader allegedly fired a rifle during an EFF rally at Sisa Dukashe Stadium in East London in 2018.
According to court papers the EFF leader was in possession of a 223 Norinco rifle.
National Prosecuting Authority spokesperson Luxolo Tyali said it was standard practice for a warrant of arrest to be issued when an accused failed to appear in court.
“Even if arrangements are made for an accused not to appear in court a warrant of arrest is issued and then it is stayed, which means it is not effected up until the next date. If in the next date the court is satisfied that the accused has a good reason or that it was justified why they cannot be in court then the warrant will be cancelled.
“If they do not appear again in the next court date and they still have a good reason not to appear then that warrant can be held over to another date. So, it is a warrant but won’t be effected immediately,” Tyali said.
The case was provisionally postponed to May 8.
Wikus Steyl, the lawyer for Malema and the second accused, Adriaan Snyman – the man who allegedly handed the rifle in question to the EFF leader – was not opposed to the issuing of the warrant of arrest.
Snyman was also not present in court.
Steyl confirmed to City Press that they had received the docket and videos that had been requested in the previous court appearance in November 2019.
“I am appearing for Mr Malema and today I appeared for the second accused as well. I have received copies of the docket and four videos that were made of the event. We will now request particulars from the state and consult with Mr Malema and the second accused. When we get back on the 8th of May hopefully we will have answers of the further particulars, then we can set a trial date,” said Steyl
Steyl did not want to comment on the issue of the warrant of arrest, but added that Malema would not appear on May 8 either. He would only attend court when trial starts.
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