EFF’s Malema and Ndlozi appear in court facing assault charges

Update 29 October:

The court case against Economic Freedom Fighters leader Julius Malema and MP Mbuyseni Ndlozi continued in the Randburg Magistrates Court on 29 October.

The morning commenced with an in-depth and frame-by-frame analysis of the video evidence.

Venter continued to be cross-examined by defence advocate Laurence Hodes, who questioned Venter’s motives behind supposedly singling out Malema’s vehicle to stop when further video evidence was shown.

On 28 October, Venter suggested that Malema and Ndlozi’s vehicle did not have any accreditation on it.

Analysing the video, Hodes claimed that the vehicle did indeed have accreditation on the vehicle’s dashboard.

“I put it to you that the vehicle was part of the convoy and you made the decision to stop it… You were the only person concerned about stopping the vehicle,” said Hodes.

He argued that other vehicles in the convoy of state officials and family of Mandela were not set up any differently than that of Malema’s with very little or no credentials on display, but were let in without recourse.

“The instruction we received that the family and President would be the only vehicles allowed inside. It was only after the ceremony [at Orlando Stadium] that we were informed that further dignitary’s vehicles would be allowed in.  

Hodes also argued that other EFF security officials were involved in the fracas, but Venter only laid charges against Malema and Ndlozi.

The court case will continue with a further two further witnesses expected to be called on 9 March 2021.

Initial article 28 October:

Economic Freedom Fighters leader Julius Malema and MP Mbuyseni Ndlozi appeared once again in the Randburg Magistrates’ Court on 28 October after a postponement on 13 October.

The duo appeared in court following the alleged assault of a police officer at the funeral of Winnie Madikizela-Mandela in 2018. Both Malema and Ndlozi have pleaded not guilty to the charge of common assault.

The court wished to view the full extent of the video captured on the day to view as a pivotal part of the evidence in the case.

The first witness to be called by the State was Lieutenant Colonel Johan Venter, the allegedly assaulted officer, who had been stationed at the main gate of the cemetery on the day of the funeral.

He gave details of the alleged assault on 14 April 2018 and was cross-examined by the state prosecutor and Malema’s defence lawyers.

“Malema and Ndlozi pushed me so hard that I lost my balance,” said Venter.

According to Venter, Malema’s vehicle did not have any visible permit when others did, so he stopped it.

The vehicle should have been parked in separate VIP parking, and Malema and Ndlozi have been welcomed as they had proper accreditation with them.

Venter alleged that Malema got out of his vehicle and shouted ‘no white man would stop him from attending the event’ and ‘he would not take any instructions from a white man’, and the alleged assault then ensued.

“As a member of the South African Police Service, I have a duty to perform. I will not be backed into a corner and keep quiet,” said Venter.

Venter is a veteran officer with 36 years of service and currently works for the Presidential Protection Unit of the SAPS.

He claimed that he sought medical attention after the alleged assault, but did not have any visible injuries and thus did not open a medical report.

Once again, EFF supporters gathered in their numbers outside of the court in support of Malema and Ndlozi.

They were represented by Advocate Laurence Hodes who said to Venter, “If your duty was to prevent Malema and Ndlozi from driving in, you should have done it. If duty was to allow it in, you should have done it. It was then established that they would be allowed in, and their vehicle drove in. It’s a joke.

“There is no indication in the video evidence of any injuries that occurred.”

The case continues.