Adv. Joel Cesar. (Photo: Elisma van der Watt/Maroela Media)
The EFF’s legal team has now reported the chief prosecutor in the firearms case against Julius Malema to the National Director of Public Prosecutions (NDPO) of alleged “misconduct”.
Last week, Malema was sentenced in the Magistrate’s Court in KuGompo city (formerly East London) to five years in prison for the illegal possession of a firearm. He will appeal against the sentence and has been released on warning pending the application.
The EFF leader’s legal representative now argues on his behalf in a letter that adv. Joel Cesar art. 34 of the Criminal Procedure Act by returning Adriaan Snyman, Malema’s former bodyguard, his firearm to him before a court order was issued.
Malema argues that Cesar breached the National Prosecuting Authority’s (NPA) code of conduct and also expressed his concern that, according to him, he overstepped the authority of the law, misrepresented the court and interfered with the proper administration of justice.
Cesar previously admitted in court that he returned the firearm to Snyman when he was found not guilty and acquitted last year.
The investigating officer was apparently present when Snyman received his firearm.
Malema now argues that Cesar mishandled the situation. He believes “the correct procedure would be to wait until the decision of the magistrate, after which the issue of returning the firearm could be discussed with the presiding officer.”
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(Photo: Elisma van der Watt/ Maroela Media)
“Cesar’s reliance on sections 30 and 31 of the Criminal Procedure Act to justify the return of the firearm to Snyman is misplaced and completely wrong,” the complaint states.
Malema also maintains that the law makes it clear that the court has full power to return any evidence to the owner or accused after a case has been concluded.
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Adriaan Snyman, Malema’s former bodyguard and the owner of a private security firm. (Photo: Elisma van der Watt/ Maroela Media)
“The prosecutor did not follow the law and also completely exceeded his powers and authority. He violated the powers of the court, despite his duties as an officer of the court.”
Malema’s legal representative insists that the NDPO should investigate how Cesar made this decision by breaking the law.
The defense argues that Snyman should have applied to the court to get his firearm back.
“It is further argued that his behavior is contrary to the NPA’s code of conduct, which requires impartiality and action without fear, favoritism or prejudice. The firearm was returned before Jessie Thompson, a social worker from Johannesburg, testified in mitigation. This problem was only raised by the magistrate during the sentencing. This will be part of a separate process against the magistrate before the magistrates’ commission,” reads the complaint.