BLF charges Adrian Synman for gross negligent handling of firearm

BLF charges Adrian Synman for gross negligent handling of firearm

Today Black First Land First (BLF) opened a criminal case against Adriaan Snyman for the gross negligent handling of a firearm and asked that a declaration of unfitness for Snyman to possess a firearm be made by the Court in due course.

The case was opened at the Hillbrow Police Station and bears the reference CAS 60/8/2018. In this regard BLF provided the police with sound evidence on a sworn affidavit by its Deputy President, Zanele Lwana. In summation the salient points of the case against Snyman are as follows:

– On Saturday 28 July 2018 Economic Freedom Fighters (EFF) leader Julius Malema, in full view of the public, discharged several shots from a firearm at the fifth birthday celebrations of the EFF which was held at the Sisa Dukashe Stadium, in Mdantsane. Malema was given the firearm by Adriaan Snyman, who is owner of two security companies including Tactical Security Services which sources and trains former military and police personnel to provide security services.

– Snyman, had been providing security guards for Malema since his days as the ANC Youth League president.

– In giving the firearm to a person who does not have ‘a licence, permit, authorisation or registration certificate’ for that firearm, Snyman committed the crime of negligently handling the firearm.

– The fact that Snyman gave Malema a firearm which he used to discharge numerous shots into the atmosphere at a public event – thereby putting the lives of many people in danger – is an aggravating factor.

BLF has asked that upon the conviction of Snyman for offence(s) relating to the gross negligent handling of a firearm, that a declaration of the unfitness of Snyman to possess a firearm in terms of Section 103(1) of the new Firearms Control Act must be made by the Court.

Issued by the National Coordinating Committee of Black First Land First (BLF NCC)

2 August 2018

Black First Land First Email:[email protected]
Facebook: Black First Land First

Twitter: @black1stland1st
Website: www.blf.org.za

Zanele Lwana
(Deputy President)
Cell: +27799867225

Lindsay Maasdorp
(National Spokesperson)
Cell: +27 79 915 2957

Brian Tloubatla
(Head of Media & Communications)
Cell: +27 82 216 7664

Affidavit of Zanele Lwana – charges against Adriaan Snyman

Affidavit of Zanele Lwana – charges against Adriaan Snyman

Affidavit of Zanele Lwana in support of criminal charges against Adriaan Snyman relating to the gross negligent handling of a firearm and declaration of unfitness to possess a firearm

I the undersigned Zanele Lwana do hereby make oath and state:

1. I am the Deputy President of Black First Land First (BLF), and I am duly authorized to depose to this affidavit on behalf of BLF.

2. BLF is a Black Consciousness, Pan Afrikanist movement which embraces the Sankarist leadership ethos. It is registered with the Independent Electloral Commission as a political party and is situated at Office 602, Renaissance Building, corner of Main and Elloff Streets, Gandhi Square, Johannesburg.

3. The contents of this affidavit are, unless the context indicates otherwise, within my personal knowledge and are to the best of my knowledge both true and correct. The submissions of law that I make are based on the advice given to me by my legal team.

4. This affidavit constitutes the basis for the charges against Adriaan Snyman for the gross negligent handling of a firearm in that he gave the said firearm to Economic Freedom Fighters (EFF) President, Julius Malema, to fire shots into the air (unsupervised) during a public event. Moreover it serves to support a declaration by the Court of the unfitness of Adriaan Snyman to possess a firearm in terms of Section 103(1) of the Firearms Control Act 60 of 2000 (the new Firearms Control Act) upon his conviction of the offences indicated below with which he is charged.

5. On 28 July 2018 Julius Malema, was seen on camera to be discharging a firearm in a built-up area at EFF’s fifth birthday celebrations at the Sisa Dukashe Stadium, in Mdantsane just outside of East London.

6. The video footage published on the News24 website on 31 July 2018, can be viewed via the link, https://www.news24.com/SouthAfrica/News/breaking-police-investigating-malema-rifle-shooting-incident-20180801

7. After discharging several shots Julius Malema gave the firearm to the Bluff security company owner, Adriaan Snyman, who then swiftly hid himself from the camera’s field of view. This was followed by Malema giving Dali Mpofu, the EFF’s Chairperson, ‘a high-five’. (See ‘Police investigating Malema rifle ‘shooting’ incident’ dated 1 August 2018 via the link: https://www.news24.com/SouthAfrica/News/breaking-police-investigating-malema-rifle-shooting-incident-20180801)

8. Adriaan Snyman, had been providing security for Julius Malema since when he was the ANC Youth League president. In 2008 Snyman ‘appeared in court … in connection with planning a multimillion-rand heist.’ (See ‘Security boss in court for cash heist’ dated 9 June 2011 via the link: https://www.iol.co.za/news/south-africa/kwazulu-natal/security-boss-in-court-for-cash-heist-1081038)

9. Adriaan Snyman, also owns a security company named ‘Tactical Security Services, which provided heavily armed bodyguards for Malema when he attended his hate-speech case in the Equality Court in Joburg earlier (in 2008).’ (See ‘Security boss in court for cash heist’ dated 9 June 2011 via the link: https://www.iol.co.za/news/south-africa/kwazulu-natal/security-boss-in-court-for-cash-heist-1081038)

10. Tactical Security Services was established in October 2008, and its staff is claimed to ‘be trained in the security field as well as (in) firearm proficiency’. ( See Tactical Services website via the link: https://www.security.co.za/companies/https://www.security.co.za/companies/597597)

11. The new Firearms Control Act regulates the possession of firearms. In doing so, it places a lot of weight on the Constitutional right of every person to life and security. In this context the negligent handling of firearms has historically contributed immensely to the high prevalence of crime in the country.

12. Section 3 of the new Firearms Control Act prohibits any person from possessing a firearm unless s/he holds ‘a licence, permit, authorisation or registration certificate’ for that firearm. In giving the firearm to a person who does not have ‘a licence, permit, authorisation or registration certificate’ for that firearm, Adriaan Snyman committed the offence of negligently handling it.

13. The fact that Adriaan Snyman placed Julius Malema in unlawful possession of the said firearm which Malema then used to discharge several shots into the air at a public event – thereby endangering the lives of not only the attendees at the event but also those people who were in the vicinity of the said event – aggravates the situation and makes the degree of negligence gross in relation to the negligent handling of the firearm on the part of Snyman.

14. Considering how Adriaan Snyman conducted himself in relation to how a reasonable gun owner / security company owner would have conducted him or herself, there is clearly a huge deviation.

15. Adriaan Snyman is a trained security company owner. He ought to have conducted himself as a reasonable gun owner / security company owner taking into account the rights of the relevant people to life and security, which he did not do.

16. BLF hereby charges Adriaan Snyman for the relevant crimes relating to the gross negligent handling of a firearm in that he gave it to Julius Malema to fire shots into the air (unsupervised) during a public event thus endangering the lives of the peopleindicated for above.

17. BLF asks that upon conviction of Adriaan Snyman for any of the undermentioned or other related offences as charged, that he be declared unfit to possess a firearm in terms of Section 103(1) of the Act:

a. ‘(b) any crime or offence involving the unlawful use or handling of a firearm, whether the firearm was used or handled by that person or by another participant in that offence’;

b. ‘(d) an offence involving the negligent handling … of a firearm while the firearm was in his or her possession or under his or her direct control’; and

c. ‘(f) any other crime or offence in the commission of which a firearm was used, whether the firearm was used or handled by that person or by another participant in the offence’.

18. The declaration of unfitness to possess a firearm on the part of Adriaan Snyman is due to the following factors:

a. the ‘nature and seriousness of the crime(s)’;

b. the link that the crime has with the use of a firearm;

c. the offence(s) committed suggest that he may in the future make use of his licensed firearm for the purpose of committing further offences; and

d. the interests of society dictate that he be declared unfit to possess a firearm and conduct his business as a security company be it under the name and style of Tactical Security Services, Bluff security company or any other security company.
Zanele Lwana