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They made a recusal application against Twanette Olivier in the East London regional court on Thursday.
AfriForum brought the case against Malema after he allegedly fired an illegal firearm at his party’s 2018 birthday celebrations. Footage of the event was viewed in court on Wednesday.
When a state witness was questioned by Olivier, Malema became angry, saying she was “prosecuting them”. Thereafter the EFF leader and Snyman’s legal team filed the recusal application, arguing that the magistrate had asked leading questions.
It was heard on Thursday and refused.
Malema and Snyman also face charges of illegal possession of a firearm, unlawful possession of ammunition and three counts of contravening the Firearms Control Act.
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