Pretoria – The EFF has filed a formal complaint against State Prosecutor Advocate Joel Cesar, accusing him of misconduct in the firearms case involving party leader Julius Malema.
The complaint follows Malema’s conviction by the KuGompo Magistrates Court for violating gun laws linked to a 2018 incident in Mdantsane.
The party alleges the prosecutor misled the court about the handling of the firearm used as evidence and claims it was improperly released before the conclusion of proceedings.
“Adv Sesar violated Section 34 of the Criminal Procedure Act by unlawfully authorising the return of a firearm before a court order was issued, acting ultra vires and exceeding his authority as an officer of the court.
“He breached the National Prosecuting Authority Act and the NPA Code of Conduct, raising concerns of prosecutorial overreach, misrepresentation to the court, and interference with the proper administration of justice,” the party said.
Malema, who has been granted leave to appeal his five-year sentence, has also accused the prosecutor of “abuse of power” and questioned the timeline for when the weapon was returned to its owner.
The EFF has since written to the Director of Public Prosecutions, calling for disciplinary action against Advocate Cesar.
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Compiled by Betha Madhomu
