Pretoria - The acquittal of EFF leaders Julius Malema and Mbuyiseni Ndlozi on assault charges has been hailed as yet another victory against their detractors AfriForum and a salute to the late Winnie Madikizela-Mandela.
Yesterday, Malema and Ndlozi were found not guilty of assaulting police officer Lieutenant-Colonel Johannes Venter outside the Fourways Memorial Park cemetery in Joburg during the funeral of the Struggle icon in April 2018.
The two had been charged with assault and faced trial in the Randburg Magistrate's Court after failing to have the case dismissed.
Judge Lieland Poonsamy said he accepted that Malema and Ndlozi were mourners who had a right to attend the funeral as part of a VIP convoy.
He found that the defence successfully proved that Malema and Ndlozi were justified in pushing Venter when he tried to prevent them from accessing the burial site.
He further accepted that they were not late, as insinuated by Venter in his testimony. “Even when the court carefully assesses the version of the accused, the court finds that the accused's version is reasonably possibly true. Therefore I accept the defence of justification needs to be upheld and that the accused had no intent to assault the complainant based on the reasons which (are) listed above. Both accused (are) therefore found not guilty and therefore acquitted of the charge of assault,” said Judge Poonsamy.
Outside the Randburg Magistrate's Court, Malema thanked their supporters for standing by their side since they were charged four years ago.
“It has been four years. We have been fighting this nonsensical case where we are accused of assaulting a white policeman. We were justified to do so. Therefore, we were found not guilty. The case is closed.
“Once again, we defeated AfriForum. We defeated white supremacy. We defeated racism because that's who we are,” said Malema.
Last month, the Equality Court ruled against AfriForum in its R500 000 lawsuit against Malema and Ndlozi over the singing of the song “Kill the boer – Kill the farmer” in October 2020 during the court appearance of two men who were falsely accused of having murdered Brendan Horner.
The Equality Court, sitting in the South Gauteng High Court in Joburg, found that AfriForum’s hate speech application against Malema and Ndlozi had no merit.
In its application against Ndlozi, AfriForum wanted the court to make a finding that the singing of the song “Bizan’ iFire Brigade”, which is part of “Dubula iBhunu” (“kill the boer”), outside the Senekal Magistrate’s Court, constituted hate speech.
EFF national spokesperson Sinawo Tambo welcomed yesterday's judgment on behalf of the political party.
“The dismissal of this case, which was undoubtedly sponsored by the right-wing AfriForum, comes after the scathing judgment against the very same AfriForum in the case relating to the Struggle song ‘Dubula iBhunu’.
“The EFF is vindicated as we have long said that the racist lobby group is engaged in an abuse of our judiciary to fight a political battle against the EFF and its leadership,” Tambo said.
“AfriForum has once again lost to the superior logic of the EFF and its capable legal team. The pain has gone straight to the hearts of the hateful white supremacists of AfriForum, who fund-raise using the name of EFF and through swart-gevaar tactics, simply because the EFF is fighting for the return of the land.“
Tambo said it was bizarre that Venter took the EFF leaders to court for “simply touching” him. “This is a judgment that undermines the presumption that to simply touch a white man constitutes a crisis, even when such a white man violates the rights of Africans.
“The EFF welcomes this outcome and the closing of a painful chapter which has stifled the mourning and healing of commander-in-chief Julius Malema and Commissar Dr Mbuyiseni Ndlozi.
“We are confident that Mama Winnie is resting in peace knowing that her children will no longer be dragged to court for fighting for their right to bury their mother. This victory is dedicated to her, her selflessness and sacrifice for the people of this country. Lala ngoxolo Mama; the EFF commits itself to continue to teach racists a harsh lesson of respect and humility for African people,” Tambo said.
He said the court rightfully found that Malema and Ndlozi “were justified in removing an obstacle which was obstructing their rights to freedom of movement”.
Tambo said Venter’s credibility was questionable as he “could not justify or account for” why he stopped Malema from accessing the burial site.
Pretoria News