Pretoria – The Randburg Magistrate’s Court has ruled EFF leader Julius Malema and EFF Member of Parliament, Mbuyiseni Ndlozi, were not guilty of assault in a case brought by a presidential police officer.
“I find that the action of the accused, at first glance, appears to be unlawful, but after carefully assessing the evidence, one can never assault any other human being to gain an entry. The evidence in its totality also confirms the version of the accused before court,” the magistrate ruled.
“The accused lack intent to commit the offence of assault in this regard. Even when the court assessed the version of the accused, the court finds that the accused’s version is reasonably, possibly true. Therefore I accept that the defence of justification is to be applied and the accused had no intent to assault the complainant.”
“Both accused are therefore found not guilty and acquitted of the charge of assault,” he said.
The two were accused of assaulting police officer Lieutenant-Colonel Johannes Venter at the funeral of Struggle icon Winnie Madikizela-Mandela in April 2018.
Venter, who is attached to the police’s presidential protection unit and was in charge of access control on the day, claimed that the two assaulted him while he was still standing in front of the EFF vehicle.
A brawl erupted after Venter blocked the vehicle occupied by the opposition politicians at the venue, after Malema insisted on entering with the vehicle. Venter insisted the Mercedes-Benz was not permitted to enter the Fourways Memorial Park Cemetery, where Madikizela-Mandela was laid to rest.
In July, the duo appeared in the court on the assault charges, and the matter was postponed for judgment.
Venter said Malema and Ndlozi pushed him several times after he told them they could not drive into the cemetery. Describing it in court, Venter said they pushed him so hard he fell against the gate of the cemetery.
Video footage of Venter entangled in a scuffle with Malema and Ndlozi was previously shown in court, where the vehicle in which the EFF leaders were being driven in could be seen making its way into the cemetery while the fracas continued before they hopped in.
Defence lawyer Laurence Hodes also previously argued the vehicle Malema and Ndlozi were travelling in had the necessary permits to be in the area.
Hodes argued it was Venter who was the aggressor during a scuffle, using the video evidence submitted to the court to show that two constables, who were at the scene, held him back in a bid to calm him down.
Malema and Ndlozi had pleaded not guilty.
IOL