Their lawyers made the application to have the charges against their clients discharged, citing a lack of evidence in September.
Malema has been appearing in the East London Magistrate's Court alongside bodyguard, Snyman, for allegedly firing a gun during his party’s birthday celebrations in 2018.
The trial will now resume in July 2024.
♦️In Pictures♦️— Economic Freedom Fighters (@EFFSouthAfrica) October 19, 2023
CIC @Julius_S_Malema together with the EFF Leadership at the East London Magistrate’s Court.
Condemn me, it doesn’t matter. History will absolve me. -Fidel Castro#HandsOffCIC pic.twitter.com/cIZUDtv36u
The charges stem from the EFF's fifth anniversary celebrations where Malema was captured on camera firing a rifle at the Sisa Dukashe Stadium.
At the time of Malema's arrest, he said the shooting was a simulation. He said it was just a part of the celebrations that occurred at the time.
The alleged shooting was largely circulated via social media, where he appeared with a rifle and allegedly discharged several shots skyward.
In a previous appearance, Malema’s lawyer, advocate Laurence Hodes, argued that the State had reached the end of its case, yet still did not know the details of the alleged firearm that was allegedly fired at the stadium in Mdantsane, near East London.
"The make of the firearm and ammunition allegedly used, which is still unknown to the state at the end of the case, speaks volumes," Hodes said.
Malema’s legal team had argued that there was insufficient evidence against the political leader, the authenticity of the viral videos from the celebrations could be questioned, and there were no eyewitnesses called by the State who testified against Malema.
However, on Thursday, Magistrate Twanet Olivier dismissed the application and told the court that, “merely saying it was a movie gun does not make it so”.
Magistrate Olivier then adjourned the matter and asked counsel to meet with her in her chambers to discuss their schedules. The trial will resume in July next year.