EFF Commander in Chief Julius Malema and Commissar Mbuyiseni Ndlozi appeared at the Randburg Magistrate Court for the hand down of their judgment on a common assault charge. In 2018 during Mama Winnie Mandela's funeral Malema and Ndlozi found themselves exchanging fists with a police officer Lieutenant Colonel Johannes Jacobus Venter at the  Fourways Memorial Park.

MAINTAINING THEIR INNOCENCE

During the trial, Venter alleged that Malema and Ndlozi assaulted him even though he did not provoke the pair. The accused, claimed that Venter wanted to stop them from entering the cemetery to pay their last respects.  They denied that they assaulting the officer. Despite CCTV footage that circulated on social media and was presented to the court, the pair maintained their innocence.

NOT POLITICALLY MOTIVATED

Magistrate Leiland Poonsamy said a version of events was presented in which the accused were mourners on their way to the cemetery and had not planned to be stopped by Lieutenant Colonel,  Venter.He said the pair did not hesitate to give answers and showed no uncertainty during cross examination. " They stood by their word and proved that their actions were justifiable, they had no intent of what transpired on that day," he said.
Poonsamy said he will not accept the version of the state that the fallout was politically motivated. I have also found that the state's witnesses version of events were questionable and had discrepancies." Malema and Ndlozi could not contain their emotions as judgment was handed down and now they can put what happened four years ago behind them.

CLOSING A PAINFUL CHAPTER

Soon after the judgment was handed down, The EFF issued a statement saying they welcome the, "sensible and correct, judgment by the court." The statement said that the pair were correct to exercise their freedom of movement and that Venter was viewed as an obstacle that obstructing their rights.                                                      "The court found that Venter's evidence was not impressive in terms of the discrepancies that were read in his statement and what he presented to the court... Afriforum has once again lost to the superior logic of the EFF and its capable legal team."                                                                                                                                                They said they welcome the closing of this painful chapter which has stifled the mourning of both Malema and Ndlozi.                                                                                 "We are confident that mama Winnie  Mandela is resting in peace knowing her children will no longer be dragged to court for fighting to bury their mother."