The Randburg Magistrate’s Court delivered its ruling on Thursday, with Magistrate Leiland Poonsamy finding the accused not guilty of assault.

Reading out his judgment, Poonsamy stated that Malema and Ndlozi “successfully raised the defence of justification”.

“Their version was concise and they did not crack during cross-examination. They did not hesitate to give answers [and] their oral evidence in plea-explanation is precise. They stood by their version and did not deviate in any manner. They successfully proved that they were acting in justification,” he said.

The Magistrate, however, rejected the suggestion that the case was politically motivated.

“The court finds that claims of a political agenda cannot be upheld.”

Poonsamy also found that state witness Gilbert Maphisa’s version of the assault “had discrepancies”.

The judgment comes after the court, in June, dismissed Malema and Ndlozi’s discharge application in their assault case.

At the time, Poonsamy found that the state had submitted sufficient evidence, including CCTV footage, to prove its case against Malema and Ndlozi.

Trial

Malema and Ndlozi were charged with common assault in connection with an incident that occurred at the funeral of struggle icon Winnie Madikizela-Mandela in 2018.

The pair, who pleaded not guilty, was accused of assaulting police officer Lieutenant Colonel Johannes Jacobus Venter at the funeral at Fourways Memorial Park.

The incident was caught on CCTV.

After pressure from lobby group AfriForum, the National Prosecuting Authority (NPA) decided to prosecute.

During the trial, Venter alleged that Malema and Ndlozi assaulted him even though he did not provoke the pair.

The accused, however, denied that they assaulted Venter and claimed that the police officer tried to stop them from entering the Fourways Cemetery and they acted in self-defence.

But Venter argued that only the family of Madikizela-Mandela, the president and deputy – including people with accreditation and permits – were allowed to enter the cemetery.

Firearm discharge case

In a separate matter, Malema and co-accused Adriaan Snyman must appear again in the East London Magistrate’s Court next year in their discharge of firearm case.

The trial was postponed to 30 January and 1 February 2023 earlier this month.

Malema is facing five charges, including the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area or public space, and reckless endangerment to person or property, while Snyman faces two charges.

The EFF leader was captured on camera allegedly discharging what appeared to be an automatic assault rifle at the Sisa Dukashe Stadium in Mdantsane, East London, at the party’s fifth anniversary celebrations in 2018.

The Citizen