[Update: September 29 13:15]
Julius Malema and Mbuyiseni Ndlozi have been found not guilty of common assault by magistrate Leiland Poonsamy.
[Update: September 29 08:30 ]
Judgment will be handed down in the case involving EFF leader Julius Malema and member of parliament Mbuyiseni Ndlozi on September 29.
This is following their common assault case which has been postponed several times.
EFF supporters are outside the Randburg Magistrates Court, united in song to show their support to both Malema and Ndlozi.
Watch:
The Randburg Sun will update the story as the day progresses.
[Initial: June 3]
EFF leader Julius Malema and member of parliament Mbuyiseni Ndlozi must wait another month after their common assault case was postponed yet again at Randburg Magistrates Court.
They appeared at court backed by hundreds of EFF supporters who sang and danced almost the whole day today (June 3), barring breaks, as Malema and Ndlozi entered court at 09:00 and left around 16:00.
EFF supporters are singing and dancing again @EFFSouthAfrica @randburg_sun @Julius_S_Malema pic.twitter.com/lgqET5hK1v
— Nicholas Zaal (@NicholasZaal) June 3, 2022
The Economic Freedom Fighters pair was involved in a scuffle with Lieutenant Colonel Johannes Jacobus Venter during the funeral of struggle stalwart Winnie Madikizela-Mandela at the Fourways Memorial Park in 2018.
Two witnesses who were questioned last year were retired police officer Colonel Charles Seanego and Deon Klingbiel, the former operational manager at the memorial park.
There is also video footage of the incident. They both pleaded not guilty.
EFF supporters are still singing and dancing outside court @randburg_sun @EFFSouthAfrica @Julius_S_Malema pic.twitter.com/jmoMZLJu1J
— Nicholas Zaal (@NicholasZaal) June 3, 2022
Today magistrate Leiland Poonsamy heard arguments from the complainant and the accused about the credibility of witnesses and the video footage as evidence.
Argument was also made from precedent that even minimal touching can count as assault, so the pushing that the pair are accused of can be seen to be assault.
Malema testified at length and was made to answer questions as the courtroom watched the video again and again.
He argued he was justified to enter the memorial in 2018, and Venter was wrong to bar them entry because their vehicle did not have the authorisation sticker on the front that other vehicles had.
@randburg_sun @EFFSouthAfrica @Julius_S_Malema pic.twitter.com/nxnL9AXDUQ
— Nicholas Zaal (@NicholasZaal) June 3, 2022
“I just wanted to bury my mother,” Malema said, when quizzed about what led to the incident, and how he stepped out of the vehicle so Venter could see who he was.
“Afriforum are out to get me,” he said, referring to their support for Venter’s case.
“They have turned this into a political thing.”
Malema said he would have preferred for this matter to be settled out of court, but Venter had a right to open the case.
As the other courtrooms had just about emptied and the only people left on the premises were EFF supporters, media and those vested in the case, Poonsamy had no choice but to postpone to July 1 for Ndlozi to testify.
This after he said there would be no more postponements, during the May appearance.
The court has looked at precedents for what constitutes assault, and the credibility of witnesses and video footage of the incident @randburg_sun @EFFSouthAfrica @Julius_S_Malema pic.twitter.com/ZL8AP1txzR
— Nicholas Zaal (@NicholasZaal) June 3, 2022
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