Pretoria - The trial of EFF leader Julius Malema and MP Mbuyiseni Ndlozi has once again been postponed before the Randburg Magistrate’s Court because a scheduled witness, identified as a General Zulu, was not available to take the stand.
The EFF duo were in court for their common assault case.
Presiding magistrate Leland Poonsamy highlighted that the matter has been dragging on since 2019 and the numerous appearances are prejudicing the accused Malema and Ndlozi.
“With regards to the delay, the court is aware that the case emanated from 2019 up until today. It is a mere fact that this is an assault common case. The court has listened to the complainant’s evidence, the police officers who have also testified also with regards to the control and access to the gate itself, and (regarding) the evidence of General Zulu. At this stage we would be speculative of what stance she will take in favour of the State’s case,” said Poonsamy.
“However, the court finds that the mere production of this sick note … the court finds it very suspicious that there is no more reason with regards to her availability and what is this medical condition preventing her from testifying as indicated previously.”
The court ruled that additional applications for the matter to be postponed further would not be entertained.
“The court finds that the two accused before court have been prejudiced in the completion of the trial. This trial should come to conclusion and the court is refusing any further postponement in this regard,” said Poonsamy.
The matter has been postponed to June 3.
Malema and Ndlozi are accused of assaulting police officer Lieutenant-Colonel Johannes Venter, at the funeral of Struggle icon Winnie Madikizela-Mandela, in April 2018.
Venter, who is attached to the Presidential 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. He was making a call to the venue operation centre to get further instructions after Malema insisted on entering with a car, which he said was not permitted to enter the Fourways Memorial Park Cemetery where icon Madikizela-Mandela was laid to rest.
He 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 that he fell against the gate of the cemetery.
Video footage of Venter entangled in a scuffle with Malema and Ndlozi was previously shown in court, where the vehicle in which the EFF leaders were being driven in could be seen making its way into the cemetery while the fracas continued, before they hopped in.
Defence lawyer Laurence Hodes also previously argued that the vehicle Malema and Ndlozi were travelling in, had the necessary permits to be in the area.
Hodes argued that it was Venter who was the aggressor during a scuffle, using the video evidence submitted to the court to show that two constables who were at the scene held him back, in a bid to calm him down.
Malema and Ndlozi have pleaded not guilty.
IOL