Malema and Ndlozi’s cop assault trial to start in October
The trial in the Economic Freedom Fighters (EFF) leader Julius Malema and party spokesperson Mbuyiseni Ndlozi’s assault case will commence on 13 October in court, confirmed lobby group AfriForum.
The two are accused of allegedly assaulting a police officer at the funeral of struggle icon Winnie Madikizela-Mandela in 2018, while the incident was captured on CCTV cameras.
Reports suggested that the scuffle between three senior EFF leaders and a police officer breakout after they were allegedly denied entry into the Fourways Memorial Park, where the struggle stalwart was laid to rest.
In a statement, Afriforum said the trial dates were heard in Malema and Ndlozi’s absentia at the Randburg Magistrate’s Courts on Monday morning.
AfriForum has been repeatedly pushed the National Prosecuting Authority (NPA) to prosecute Malema and Ndlozi in this case since July 2019.
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“The senior policeman lodged a complaint with the police, but it did not receive any attention until AfriForum’s private prosecution unit inquired about the investigation in January 2019,” the organisation.
According to Afriforum, a warrant of arrest could not be issued in court on Monday after the prosecutor had indicated that the original charge sheet could not be traced at present.
“Both Malema and Ndlozi must also appear in court on 14 September so that an investigation into the suspension of the warrants can serve before the court because they did not attend previous court proceedings due to Covid-19 regulations,” the organisation said.
The organisation further welcomed the setting of a trial date.
“AfriForum welcomes the setting of a court date as it was believed from the outset that there was a prima facie case against Malema and Ndlozi.
“Following continued pressure from AfriForum, the NPA reconsidered their initial refusal to prosecute and instituted prosecution. Now the court must go its course and we will continue to support the police colonel,” said advocate Phyllis Vorster, who is a prosecutor at Afriforum.
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AfriForum CEO Kallie Kriel said that Malema and Ndlozi could try to delay justice, but they would not be able to continue to evade it.
His comments come after Malema’s legal team allegedly delayed the case by asking for an adjournment because they wanted more time to study the CCTV footage and consult with witnesses.
Both Malema and Ndlozi had previously denied assaulting the police officer.
“I’ve never done that. If I laid a hand on him, I would have panel-beated him. I don’t play when I lay a hand. I didn’t do that. Mbuyiseni didn’t do that. All we were fighting for was to enter the cemetery and go to bury our mother,” Malema said when addressing a crowd outside court.