Lungani Zungu
Not guilty is the verdict in the assault case against EFF leader Julius Malema and party MP Mbuyiseni Ndlozi.
The pair were accused of assaulting Lieutenant-Colonel Johannes Venter at the funeral service of the late Winnie Madikizela-Mandela in Fourways in 2018 after Venter tried to block their entry to the cemetery.
In court, Venter said that the car Malema was travelling in did not have permission to enter the cemetery and he stopped the car.
This angered Malema and Ndlozi. They got out of the car and an altercation ensued between them and Venter, the court heard.
The incident was captured on CCTV footage at the entrance of the cemetery which was part of the evidence in court.
At the time, Ndlozi was the EFF spokesperson.
Magistrate Leiland Poonsamy said there was a litany of contradictions by state witnesses and declared that the testimony from Malema and Ndlozi was “concise”.
“They did not deviate in any manner. They did not contradict themselves,” said Poonsamy.
The State failed to prove that Malema and Ndlozi were not part of the funeral convoy, said Poonsamy.
“The court finds that the version of the accused is reasonably possibly true. Therefore, I accept that a defence of justification is to be upheld and that the accused had no intention of assaulting the complainant,” said Poonsamy.
“Both accused are therefore not guilty and acquitted of the charge of assault.”
The courtroom was plunged into darkness after load shedding struck while Poonsamy was delivering his judgement. When the generator kicked in a few minutes later, he continued his delivery.
Malema addressed a handful of red-clad party supporters outside court after the judgement.
This is however not the end of Malema’s legal woes.
He is expected back in court on 30 January 2023 over the shooting incident at the EFF’s birthday celebration in 2018 in Mdantsane, Eastern Cape. Malema is charged with unlawful possession of a firearm, unlawful possession of ammunition, and three counts of contravening the Firearms Control Act.
This is after a video showed Malema carrying what seemed like a rifle and allegedly shooting in the air during the party’s bash in Eastern Cape.
He is charged alongside his bodyguard Adriaan Snyman.
Image source: @EFFSouthAfrica
