THE man who defaced The Spear painting will know his fate later this month.

Louis Mabokela appeared in the Hillbrow Magistrate's Court yesterday on a malicious damage to property charge for defacing the painting, which hung in the Goodman Gallery in Rosebank, Johannesburg.

The painting depicted President Jacob Zuma with his genitalia exposed, and was defaced on May 22 2012.

Mabokela arrived in court with his uncle, the self-styled king of Kwasa Kwasa music, Steven Sefofa, and a number of supporters. Some of the supporters had to stand on the sides of the small courtroom as well as sit outside due to lack of space.

During closing arguments, Mabokela's lawyer Johan Spangenberg said the state had failed to prove beyond reasonable doubt that he defaced the painting.

"After the painting was defaced by Mr [Barend] Le Grange, it was already damaged," Spangenberg said.

This was in reference to businessman Barend le Grange, who made two red crosses over President Zuma's face and genitalia before Mabokela smeared black paint over the painting.

In order to secure a guilty verdict, the state needed to prove unlawfulness, intention, possession and damage.

The prosecutor, who refused to give her name, said the defence did not dispute that Mabokela defaced the painting.

"The accused was not acting out of necessity, nor was he under immediate threat or defending his own property.

"He can't prove it [the painting] is his own property and was not under instruction to deface it," the prosecutor said.

Spangenberg said the state had also failed to bring anyone from the Goodman Gallery to testify.

He said the owner of the painting [it has since been sold] did not lay a charge against his client, and that the owner was satisfied with the painting as it was.

"The painting may have increased in value now that it is defaced," he said.

The case was postponed to June 20 for judgment. - nkosin@sowetan.co.za