EFF's Ndlozi, Malema acquitted of assault charges - court
The pair were caught on video in an altercation with Lieutenant-Colonel Johannes Venter in April 2018 at the Fourways Cemetery during the funeral of Winnie Madikizela-Mandela.
JOHANNESBURG - The Randburg Magistrates Court on Thursday ruled that Economic Freedom Fighters (EFF) leader Julius Malema and member of Parliament Mbuyiseni Ndlozi were not guilty of common assault.
The Randburg Magistrates Court has found that while Malema and Ndlozi’s actions seemed unlawful at first glance, the defence of justification was upheld.
Magistrate Lieland Poonsamy ruled in their favour: “The court finds that they the accused’s version is reasonably possibly true. Therefore, I accept that the defence of justification is to be upheld and that the accused had no intent to assault the complainant, based on the evidence.”
BREAKING NEWS: The Randburg Margistrates Court has found EFF Leader Julius Malema and MP NOT GUILTY in the common assault case against them. The duo were videotaped in an altercation with a police officer at the funeral service of Winnie Madikizela-Mandela in 2018 @NkoRaphael pic.twitter.com/6Vnjc1bZOx
EWN Reporter (@ewnreporter) September 29, 2022
The pair were caught on video in an altercation with Lieutenant-Colonel Johannes Venter in April 2018 at the Fourways Cemetery during the funeral of Winnie Madikizela-Mandela.
Both Ndlozi and Malema pleaded not guilty.
During the trial, Venter alleged that Malema and Ndlozi pushed him so hard that he lost balance. CCTV footage of the incident was widely circulated in the media and online.
However, both Malema and Ndlozi denied that they assaulted Venter.
They claimed that Venter tried to stop them from entering the Fourways Cemetery and they acted in self-defence.
One of the issues highlighted by the magistrate on Thursday was an attempt by Malema and Ndlozi to make amends with Venter outside of court as well as his refusal to accept the gesture, supported by AfriForum.
An application by the defence to have the case removed from the court roll was dismissed in June.
AfriForum's private prosecuting units had written to the National Prosecuting Authority before Ndlozi and Malema were formally charged.
