The case against Malatji, leader of the Ba-Phalaborwa Concerned Community Members (BCCM), was struck off the court roll on Wednesday, August 7. Malatji was arrested and charged with robbery and public violence in November last year together with Peter Mokgalaka and Dikgoshi Abby Mohale. They were accused of burning three trucks and inciting violence during a protest.
At the time Malatji wanted BaPhalaborwa Mayor Merriam Malatji to be removed from her position and asked for the BaPhalaborwa Community Forum (BCF) to be disbanded, accusing them of corruption. After he was released on bail of R15 000 last year, Malatji accused the court of discriminating against him. He applied for his bail conditions to be reduced which required him to sign or report to the Phalaborwa Police Station twice a week.
Also read: Group wants conditions of Malatji’s bail reversed
He was also not allowed to leave the province, was banned from addressing mass meetings and forced to relinquish his leadership position from the BCCM. In the weeks after Malatji posted bail, his supporters embarked on protests to show their dissatisfaction They handed a memorandum to the Phalaborwa Magistrate’s Court manager Mpho Nkoana, and W O Hatlani Chabalala of SAPS showing their dissatisfaction.
The court dismissed the case because there has never been a complainant in the case and no investigation officer ever attended the court. No evidence, such as CCTV footage proving that Malatji is responsible for the damage, was provided. Malatji told the Herald that he is relieved that the case has been dismissed. “I am a free man, thanks to my lawyer Anita Campbell. Now my dream of taking Ba-Phalaborwa to the next level can continue,” he said.
Also read: Malatji in court for violence
Grant Wilson of City Logistics, the company that owns one of the trucks that was set alight, told the Herald last year that the truck set alight during the protest was brand-new and cost R1.4 million. “We are disappointed by what happened as it does not just affect the business it also affects the staff as we now have a driver and delivery team that are not able to work as the vehicle has been destroyed through a senseless act,” he said at the time.
