Pretoria - The National Prosecuting Authority (NPA) said it has accepted the decision of the Randburg Magistrate’s Court to acquit EFF leader Julius Malema and Member of Parliament Mbuyiseni Ndlozi of an assault charge.
The two were accused of assaulting police officer Lieutenant-Colonel Johannes Venter at the funeral of Struggle icon Winnie Madikizela-Mandela in April 2018.
“The judgment signals the proper functioning of the criminal justice system as required by law, that if the State failed to prove its allegations beyond any reasonable doubt, then the accused is entitled to an acquittal,” said Gauteng NPA spokesperson Phindi Mjonondwane.
Venter, who is attached to the police’s presidential protection unit and was in charge of access control on the day, claimed that the two assaulted him while he was still 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 on the vehicle. Venter insisted the Mercedes-Benz was not permitted to enter the Fourways Memorial Park Cemetery, where Madikizela-Mandela was laid to rest.
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 gate of the cemetery.
In his ruling, Magistrate Leiland Poonsamy said Malema and Ndlozi lacked intent to commit the offence of assault.
“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,” he said.
IOL