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Another victory for the EFF as Malema and Ndlozi are found not guilty of assault

The court finds that the version of the accused is reasonably true.

Doctor Mahlaule by Doctor Mahlaule
2022-09-30 04:55
in News
Image from Twitter: @MnisiNkosikhona

Julius Malema and Mbuyseni Ndlozi stand in celebration of their victory in their assault case. Photo: @MnisiNkosikhona

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Economic Freedom Fighters (EFF) leader Julius Malema and party MP Mbuyiseni Ndlozi have been acquitted of their assault charges by the Randburg Magistrate’s Court.

Magistrate Leiland Poonsamy ruled on Thursday afternoon that the two were not guilty of common assault.

The evidence confirms the accused version of events

He said: “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 human being to gain entry. The evidence in its totality also confirms the version of the accused before court. The accused further lack intent to commit the offence of assault.

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“The court finds that the version of the accused is reasonably and possibly true. The accused did not intend to assault the complainant based on the evidence.”

Poonsamy had also considered the accused’s state of mind at the time.

The magistrate, however, rejected the suggestion that the case was politically motivated. “The court finds that claims of a political agenda cannot be upheld.”

State witness discrepancies

Poonsamy also found that the state witness, Gilbert Maphisa’s version of the assault “had discrepancies”.

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Malema and Ndlozi were charged with common assault in connection with an incident that occurred at the funeral of struggle icon Winnie Madikizela-Mandela in 2018.

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The incident was caught on CCTV footage and after pressure from lobby group AfriForum, the National Prosecuting Authority (NPA) decided to prosecute.

Last month, the pair were acquitted on charges of hate speech in the ‘kill the boer’ case which was brought forward by AfriForum.

Source: News24, The Citizen, Eyewitness News, Jacaranda FM, image from Twitter: @MnisiNkosikhona

Tags: EFFJulius Malema
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Doctor Mahlaule

Doctor Mahlaule

Doctor Mahlaule previously worked as a Freelance Journalist at Find-it SA where he was responsible for writing news articles and sharing them on social media platforms. Doctor Mahlaule holds a Diploma in Journalism, BA in Communication Science and a BA Honours in Media Studies. Doctor began his journey as a knowledge Management and Communications Intern at Zenex Foundation. He was responsible for support in event management, social media, website maintenance, writing and brand management. On weekends Doctor attends prison ministry and shares the scriptures with inmates at Krugersdorp prison and plays soccer in the afternoon on some weekends. He has a passion for reading and writing and enjoys going out with friends and socialising in his spare time. He has a one-year-old son and is planning on getting married soon. When asked about what keeps him going, he said: “My family keeps me going. I’m the man I am because I come from a loving home. I have a very supportive family who always encourages me to keep pushing hard.”

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