Malema, EFF MP found not guilty of assaulting cop

THE Randburg Magistrate’s Court has ruled that EFF leader Julius Malema and EFF Member of Parliament, Mbuyiseni Ndlozi, are not guilty of assault in a case brought by a presidential protection unit officer.

“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.

The two were accused of assaulting police officer Johannes Venter at the funeral of Struggle icon Winnie Madikizela-Mandela in April 2018.

Venter, who is attached to the police’s presidential protection unit and was in charge of access control on the day, claimed the two assaulted him while he was standing in front of the EFF vehicle.

A brawl erupted after Venter blocked the vehicle occupied by the opposition politicians at the venue, after Malema insisted on entering with the vehicle. Venter insisted the Mercedes-Benz was not permitted to enter the Fourways Memorial Park Cemetery.

In July, the two appeared in court on the assault charges, and the matter was postponed for judgment.

Venter said Malema and Ndlozi pushed him several times after he told them they could not drive into the cemetery. Describing it in court, Venter said they pushed him so hard he fell against the cemetery gate.

Video footage of Venter in a scuffle with Malema and Ndlozi was previously shown in court, where the vehicle in which the EFF leaders were being driven could be seen making its way into the cemetery while the fracas continued before they entered it.

Defence lawyer Laurence Hodes previously argued that the vehicle had the necessary permits to be in the area.

Hodes argued it was Venter who was the aggressor, using the video evidence to show two constables held him back to try to calm him down.

Malema and Ndlozi had pleaded not guilty.