Advocate Elna Smit, the prosecutor in Julius Malema’s discharge of firearm case, apparently resigned from the National Prosecuting Authority (NPA) after it refused to remove her from the trial.
Smit was said to be scared that Malema would be as combative as he had been to Advocate Mark Oppenheimer in the AfriForum hate speech trial, according to News24.
Smit is said to have resigned out of fear for being branded a racist. She allegedly feared that Malema would call her a racist and attempt to humiliate her during cross-examination.
Malema called Oppenheimer the weakest lawyer he had ever dealt with and insinuated the case was driven by racism.
Smit officially tendered her resignation on Monday, the first day of the trial.
The NPA then brought in former magistrate, coloured Advocate Joel Cesar, to replace Smit yesterday. Apparently several other white advocates in the NPA shared Smit’s sentiments.
EFF’s “belief” is that the courts are being used by AfriForum as a weapon to criminalise Malema and remove him from the political arena. This, too, made Smit scared to prosecute Malema.
“She took the decision out [of] anger and frustration. The bosses told her that the Malema case was no different to all other cases she has covered before,” the source said.
Asked to confirm grounds for her resignation, Smit refused to comment, saying the matter was between her and the NPA.
Unsurprisingly, EFF spokesperson Sinawo Tambo said ‘It is highly likely that if advocate Elna Smit resigned because she feared being identified as a racist, then she probably is one. It is none of our business that her own guilt has overwhelmed her.’