The Randburg Magistrate’s Court has found Economic Freedom Fighters (EFF) leader Julius Malema and the party’s Member of Parliament, Mbuyiseni Ndlozi, not guilty of the assault of Lieutenant Colonel Johannes Venter during the funeral of late struggle stalwart Winnie Madikizela-Mandela in 2018.
Magistrate Leiland Poonsamy found that while the pair pushed Venter at the entrance of the Fourways Memorial Park four years ago, there was no intent to assault him.
Poonsamy also found that there were discrepancies in the evidence presented by the State.
During the course of the trial, video footage was presented as evidence in court, depicting Malema and Ndlozi, in a scuffle with the complainant, Venter.
When delivering judgment, Magistrate Poonsamy said: “Even when the court assesses the version of the accused, the court finds that the accused version is reasonably, possibly true. Therefore, I accept that the defence of justification is to be upheld and that the accused had no intent to assault the complainant based on the evidence which is listed. Both accused are therefore found not guilty and acquitted of the charge of assault.”
Malema and Ndlozi acquitted in common assault case:
In June, the pair’s 174 application was dismissed forcing Malema to take the stand in his own defence. During his testimony, Malema admitted to pushing Venter but said he did not violate any laws at the gates of the Fourways Memorial Park four years ago.
The leader of South Africa’s third largest party said Venter blocked the car they were travelling in after the discovery that Malema was an occupant.
Poonsamy found that the testimonies from the State had discrepancies and upheld the justification of the act.
“The accused has reason to believe that they acted on the grounds of justification, their version with regards to the intention is clear as I see no reason not to accept it in light of the discrepancies of the complainant’s evidence. This leads the court then to the crux of the state’s submission where the defence of justification is a valid defence based on the evidence on record and in terms of putative defence, the act will remain unlawful, but it will exclude culpability,” said Poonsamy.
“The court’s finding, I do then find that the action of the accused is at first glance appears to be unlawful but after carefully assessing the evidence, one can never assault any other human being than in gain of an entry. The evidence in its totality also confirms the version of the accused before court.”
Malema and Ndlozi contended that they were denied the freedom of movement and that they were stripped of their dignity to mourn a close companion, describing it as a fundamental humiliation.
The pair joined party members and supporters outside the court in welcoming the judgment.
“The case is closed. Once again, we defeated Afriforum, we defeated white supremacy, we defeated racism because that’s who we are. Today, we demonstrated that we are always on the side of the law, we are on the side of the people. Our pushing of that white man, it was pushing at white supremacy, not necessarily a human being. Black and white, we are together. We are not together with a racist wherever they are, they must know that when they see a red beret, they must hide.”
Malema and Ndlozi had previously approached Venter in the spirit of Ubuntu, a gesture that was rejected.
