The EFF has welcomed the judgment by the Randburg Magistrate's Court, which found party leader Julius Malema and party head of political education Dr Mbuyiseni Ndlozi not guilty of assault.
Malema and Ndlozi appeared in court this morning. They were charged with the alleged assault on a policeman, lieutenant colonel Johannes Venter, who tried to deny them entry to lay the late struggle stalwart Winnie Madikizela-Mandela at her funeral in 2018.
Hundreds of EFF ground forces, wearing EFF red regalia, who came to support their leaders, were confidently dancing and singing struggle songs outside the court.
EFF national spokesperson Leigh-Ann Mathys said Malema attended Madikizela-Mandela’s funeral to pay last respects to a mother and liberation hero who inspired him since his days as a youth activist.
“Sadly, a racist Venter arrogantly and violently attempted to stop Malema and Ndlozi from burying their mother by restricting their freedom of movement into her final resting place, baselessly. The restriction was baseless because the vehicle used by the pair had the necessary permit to access the burial site,” Mathys said.
She further said: “The court rightfully determined that the pushing of Venter by Malema and Ndlozi was justified, and the state failed to make a case of assault beyond reasonable doubt due to numerous discrepancies and contradictions in the version of evidence by the state witnesses.”
Mathys said, notably, the court found that the defence successfully proved justification for pushing Venter, who tried to prohibit Malema from burying Madikizela-Mandela and that the witnesses did not deviate, contradict themselves or crack under cross-examination.
She said this meant that the testimony of the pair was superior, sound and logical.
Mathys said, damningly, the court's evaluation of the evidence of Venter found that his evidence was not impressive in terms of his explanation of the discrepancies in what he presented to the court and his statements.
“The credibility of Venter was cast as the questionable character he is, as he could not justify or account for why he stopped CIC Julius Malema from accessing the burial site of Madikizela-Mandela,” she said.
AfriForum legal representatives were in court.
“AfriForum has once again lost to the superior logic of the EFF and its capable legal team. The pain has gone straight to the hearts of the hateful white-supremacists of AfriForum, who fundraise using the name of EFF and through swaart-gevaar tactics simply because the EFF is fighting for the return of the land. It is a judgment that undermines the presumption that to simply touch a white man constitutes a crisis, even when such a white man violates the rights of Africans.
“The EFF welcomes this outcome and the closing of a painful chapter, which has stifled the mourning and healing of Malema and Ndlozi. We are confident that mama Madikizela-Mandela is resting in peace, knowing that her children will no longer be dragged to court for fighting for their right to bury their mother. This victory is dedicated to her, her selflessness and sacrifice for the people of this country. Lala Ngoxolo mama, the EFF commits itself to continue to teach racists a harsh lesson of respect and humility for African people,” Mathys said.
The NPA said the case is finalised. “We accept the decision of the court to acquit Malema and Ndlozi.The judgement 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 NPA Gauteng spokesperson Phindi Mjonondwane.
Reiner Duvenage, campaign officer for strategy and content at AfriForum, said the civil organisation finds it strange that there was no mention in the judgment of the merits of the case that Venter was protecting the senior leadership of the country and acting as guardian of the point of entry at Madikizela Mandela’s funeral.
“The fact that two prominent politicians caught on camera attacking a SAPS colonel on duty and in uniform are not held accountable for their actions, points to the decay of the criminal justice system. In the face of this, AfriForum has no other option than to further expand and strengthen its safety structure, since the courts can no longer be relied on to ensure that justice is done,” Duvenage said.