EFF files formal complaint against prosecutor Joel Cesar over Malema firearm case

The Economic Freedom Fighters (EFF) have laid a formal complaint against State Prosecutor Advocate Joel Cesar, citing alleged misconduct in the firearms case involving party leader Julius Malema.

The complaint follows Malema’s recent conviction by the KuGompo Magistrates Court, where he was found guilty of violating gun laws.

The party contends that the prosecutor misled the court regarding the firearm discharged by Malema during an EFF event in Mdantsane in 2018.

Last week, after being granted leave to appeal his five-year jail sentence, Malema addressed thousands of supporters in KuGompo City. During his address, he called for Advocate Cesar to be held accountable for what he termed an "abuse of power."

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The crux of the EFF’s grievance involves the handling of evidence. Malema alleges that Adv. Cesar prematurely released the firearm to the former second accused, security boss Adriaan Snyman, prior to Snyman’s acquittal.

Malema maintains it was procedurally "out of order" for the weapon to be returned to its owner before the conclusion of the legal proceedings against him.

Malema has challenged the timeline provided by the prosecution regarding the return of the evidence.

“To lie to court is a criminal offence,” Malema stated. “He says we gave the gun to accused Number 2 after he was acquitted, but he forgets that when you collect a weapon or an item that was used as evidence, when you collect it back, you sign because there must be a date and time.”

Legal representatives for the EFF leader have now formally written to the Director of Public Prosecutions (DPP), urging the body to take disciplinary action against the prosecutor.