Ranjeni Munusamy says conspiracy has become the default defence for anyone accused of anything.
Malema was expelled from the ruling party in 2011 and cast into what many said was a political wilderness.
Malema claims the ANC is using state institutions to target him and says his trial can't be considered fair.
This follows reports that Sars is investigating the origin of the money used to settle his tax debt.
The Constitution states that a sequestrated person may not be a Member of Parliament.
Judge Bill Prinsloo described the politician’s attempt to postpone the matter as an abuse of process.