By Lehlohonolo Lehana.
Julius Malema and Mbuyiseni Ndlozi appear in the Randburg magistrate’s court in connection with the alleged assault of a police officer during Winnie Madikizela-Mandela’s funeral. Photo Credit:
The Randburg Magistrates Court on Thursday ruled that Economic Freedom Fighters (EFF) leader Julius Malema and member of Parliament Mbuyiseni Ndlozi were not guilty of common assault.
The pair were caught on video in an altercation with Lieutenant-Colonel Johannes Venter in April 2018 at the Fourways Cemetery during the funeral of Winnie Madikizela-Mandela.
Both Ndlozi and Malema pleaded not guilty.
“I find that the action of the accused, at first glance, appears to be unlawful, but after carefully assessing the evidence, one can never assault any other human being to gain an entry. The evidence in its totality also confirms the version of the accused before court,” the magistrate ruled.
“The accused lack intent to commit the offence of assault in this regard. Even when the court assessed the version of the accused, the court finds that the accused’s version is reasonably, possibly true. Therefore I accept that the defence of justification is to be applied and the accused had no intent to assault the complainant.”
“Both accused are therefore found not guilty and acquitted of the charge of assault,” he said.
Venter was responsible for protecting the president, former presidents and ministers at the Fourways Memorial Park cemetery.
He testified in October 2020 that they were instructed to only allow immediate family members and the president at the cemetery. They were told the rest of the mourners would remain at the stadium, where funeral proceedings would be streamed via satellite TV.
He said he did not see a permit on Malema’s vehicle and told him their vehicle could not enter. Malema and Ndlozi pushed past him and drove into the cemetery.