The case of assault against Economic Freedom Fighters (EFF) leader Julius Malema and Member of Parliament Mbuyiseni Ndlozi has been postponed to the 29th of September for final arguments and judgment to be set down at the Randburg Magistrate’s Court.
EFF MP Mbuyiseni Ndlozi has testified that he felt his rights had been fundamentally violated when he was refused entry into the Fourway Memorial Park by Lt-Col Johannes Venter.
Ndlozi and Malema were on their way to bury struggle stalwart Winnie Madikizela Mandela in April 2018. The EFF MP says that Venter stopped their vehicle despite their being in possession of the required credentials to access the cemetery.
“I felt fundamentally violated denied not just my right to freedom or our freedom to movement or freedom to access freedom park but also the dignity to mourn somebody we had a relationship with somebody despite having a relationship with whom we had been at countless moments we had been told that we may not be able to smoothly attend her funeral when Mr Venter acted in that manner and even refusing any form of engagement it was a fundamental humiliation.”
In his testimony in October 2020, Venter had told the court that while the two had permits around their necks he did not see a permit on their vehicle, a claim Ndlozi disputed.
“We call had credentials we couldn’t I assume the entire operation of the type of a category of a funeral means that we couldn’t even get to the stadium in the manner. We did we could not get into the parking lot; the basement in the manner we did we couldn’t exit because we were next to very important people in the country and the continent.”
VIDEO | Malema and co-accused Ndlozi assault case resumes in Randburg Magistrate’s Court:
Ndlozi further claims that Malema unsuccessfully tried to negotiate with Venter prompting him – Nldlozi – to come out of the car. He says he grabbed the police officer’s hand in an effort to make him see sense. This he says led to the physical fracas. State prosecutor Michelle Hart has however questioned Ndlozi’s contention.
“My question to you is your intention was to speak to Col Venter one on one…. was to remove him from the car and when on the side then I can make sense to him that was unsuccessful …..but did you use your words just to say colonel lets speak colonel lets sort this out colonel… let’s talk …No… thank you.”
Responding to Hart’s question as to why the two EFF leaders did not diffuse the situation by asking Venter to speak to a more senior officer, Ndlozi says this was not an option as Venter was not acting in a reasonable manner.
“He was not a man who was going to answer any questions he was not a man who was going to say no let me bring my senior to us certainly he did not say that he did not even try to verify he told us we are not allowed to enter so the idea of any reasonable person in that context with a mountain of a Venter acting in that manner physically to think that he is again to give me a senior who is not going to think he is in charge who is not going to think he has the power to stop the car who is not going to think I am not allowed that is a very unreasonable expectation.”
The EFF leaders have from the start contended that the case is without merit, but were unsuccessful in their bid to have it dismissed last month. They say it is motivated by a political agenda of hatred against the party. The case has been postponed to the 29th of September for final arguments and judgment to be delivered.
The case has been postponed to the 29th of September for final arguments and judgment to be set down.