By Lehlohonolo Lehana.
The Economic Freedom Fighters (EFF) deputy president Floyd Shivambu has been cleared of an assault charge following his successful application for the court not to prosecute him.
He was charged with common assault following an incident involving Media24 photographer Adrian de Kock at the Parliamentary precinct on 20 March 2018.
De Kock sustained minor injuries to his back.
The incident was captured on camera. Shivambu had his hand around De Kock’s neck while a man who appeared to be Shivambu’s bodyguard was grabbing his camera.
Shivambu released a statement on the day of the incident where he called his interaction with De Kock “a scuffle”.
He expressed his regret and promised to write and email an official apology. He kept his word and sent the apology, but charges against him had already been laid. Shivambu had claimed he was unaware that De Kock was a journalist.
The matter was brought before the Parliamentary ethics committee on 14 November last year where De Kock testified.
In early April, the committee cancelled a meeting to consider the complaint after “obtaining legal advice,” they wrote in a statement. They also cited issues with reaching quorum and unavailable witnesses.
The National Prosecuting Authority said the application was made at the close of the state’s case.
NPA Western Cape spokesperson, Eric Ntabazalila, says Magistrate Lindiwe Gura rejected the evidence of the complainant Adrian de Kock, and that of witnesses, saying they were contradictory.
“After a protracted trial, the defence applied for a Section 174 of the Criminal Procedure Act and the court granted it. The NPA accepts the decision of the court,” Ntabazalila said.
EFF Welcomes The Dismissal Of The Frivolous Case Against The EFF Deputy President, Commissar Floyd Shivambu pic.twitter.com/4UHbFyixgp
— Economic Freedom Fighters (@EFFSouthAfrica) June 1, 2022
The EFF released a statement and welcomed the dismissal of the case against Shivambu.