Court clears EFF’s Floyd Shivambu of assault charge

Economic Freedom Fighters (EFF) deputy president Floyd Shivambu’s assault charge has been dropped after the Cape Town Magistrate’s Court ruled in his favour.

The charge was in connection with the alleged assault of photographer Adrian de Kock in the Parliamentary precinct on 20 March 2018.

On Wednesday, the National Prosecuting Authority (NPA) confirmed that the court had cleared Shivambu of the common assault charge.

The court decided against the EFF deputy leader’s prosecution after he made representations on why he should not be prosecuted.

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“The Cape Town Magistrate’s Court has cleared Nyiko Floyd Shivambu of a charge of common assault, following his successful application for the court not to prosecute him at the close of the state’s case,” NPA Western Cape spokesperson Eric Ntabazalila said on Wednesday.

Ntabazalila explained that Magistrate Lindiwe Gura had rejected the complainant’s and witnesses’ evidence in the case as contradictory.

“She also said that the complainant was contradictory to his medical evidence. She added that one of the witnesses even tailored his evidence to suit the state’s case,” he said.

In the case, De Kock had told the court that he took pictures of Shivambu after he alighted from a black SUV.

The photographer alleged that Shivambu told him he had no permission to take his pictures and demanded that he delete them.

After De Kock refused, Shivambu and two unidentified men attacked the photographer, with the alleged assault captured on video.

The incident occurred while the media was covering a disciplinary matter between former Cape Town mayor Patricia de Lille and the Democratic Alliance (DA) at the Parliamentary precinct.

De Kock was among a media group taking photographs and reporting on the matter at the time.

While de Kock had accepted Shivambu’s apology, but the photographer had already laid charges with the police.

“After a protracted trial, the defence applied for a Section 174 of the Criminal Procedure Act and the court granted it. The NPA accepts the decision of the court,” Ntabazalila further said.

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The EFF has since welcomed the court’s ruling to dismiss the “politically motivated and right-wing inspired case”.

“After more than three-years of a tedious and frivolous back and forth, over a matter involving an invasive and arrogant white-male journalist, sense prevailed over a witch-hunt, in which the state was exposed for having no basis for a case against the deputy president,” the Red Berets said in a statement.

“The conclusion of this case is a blatant rejection of an agenda by the liberal media and vindicates the EFF in our long-held position that cases against the EFF and its leaders, are nothing but factional pursuits to taint the character of the leaders in the war for economic freedom.

“All the charlatans, chance-takers, and agents of white-monopoly capital will continue to be exposed on the picket lines, on the benches of our judiciary, and across all spheres of society,” the party added.