For a final time, hundreds of EFF members marched around the parking lot at Randburg Magistrate’s Court and sang songs in support of leader Julius Malema and MP Mbuyiseni Ndlozi.
The pair appeared for the ruling on their common assault case and were found not guilty and acquitted of their charges, by Magistrate Leiland Poonsamy on September 29.
The magistrate pointed to discrepancies in the State’s witnesses’ statements while the accused stuck to their version of events without contradicting themselves as the State witnesses did.
He said the State failed to prove Malema and Ndlozi were not part of the vehicle convoy (which led to the officer preventing their entry and the ensuing alleged assault), and the State failed to prove the intention of assault (the magistrate found the accused pushed the complainant to move him out of the way of their vehicle so they could enter the venue and attend an event they had every right to attend, rather than push him with the intention to assault him and cause harm. The defence of justification of the accused was accepted by the magistrate in this regard).
“One must take into account the State’s case has discrepancies, which in turn affect the mindset of the accused, there were mourners on the day in question – they have not claimed to have been stopped by Colonel Johannes Venter since the roads to the cemetery were closed,” he explained.
“The accused had a right to be there. I also accept that the accused was not late for the funeral on that day… Their version and explanation is reasonable and probable in light of the discrepancies [of State witnesses].”
Poonsamy did say there was no apparent political agenda between the State, AfriForum and the National Prosecuting Authority (NPA), which Malema had argued there was during cross-examination.
Malema and Ndlozi were stone-faced while the magistrate went through his decision, and even when he told them they were found not guilty, they merely smiled while EFF members in the courtroom gave a brief cheer, before the magistrate wrapped proceedings up.
Outside, there was a heavy police and security presence at the court to ensure the hundreds of EFF members – some waving golf clubs and sticks – did not damage property or hurt anyone in the parking lot should the verdict have been guilty.
Malema and Ndlozi stood on the stage that had been set up, called the decision a victory, and led the members in song.
Also read: Watch: Julius Malema found not guilty
The case had been postponed several times, and Malema had criticised prosecution and the court on numerous occasions for seeing a common assault case unresolved for four years.
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.
There is also video footage of the incident, which was analysed during the case.
