Malema acquitted on assault charges despite damning CCTV-footage 

29 September 2022 

EFF leader Julius Malema and EFF MP Mbuyiseni Ndlozi were today acquitted on all charges of assault on the SAPS Colonel Johannes Venter, despite damning footage of the incident. In the footage, Malema and Ndlozi can be seen shoving Colonel Venter.  

AfriForum became involved in the matter when the National Prosecuting Authority (NPA) had initially decided not to prosecute the individuals involved in the incident which took place at Winnie Mandela’s funeral in 2018. The civil rights organisation wrote a letter to the Director of National Prosecutions (DNP), after which the NPA announced that it would indeed be prosecuting the involved individuals. AfriForum obtained a watching brief in the case.  

The trial was delayed for several years mainly due to the defence raising health concerns relating to the Covid-19 pandemic. When the trial finally recommenced the state’s final witness repeatedly handed in sick letters when called to testify. Since the original charge sheet had gone missing at the time, the court could not determine which party had delayed affairs in the past. Thus, it ruled that further extension for the state to call its final witness would not be granted. This played a significant role in the state not being able to prove its case beyond reasonable doubt in the eyes of the court. The court further found that Malema and Ndlozi’s actions were justified since they believed they were allowed to enter the graveyard and that the state failed to disprove this subjective defence under cross-examination.  

“AfriForum finds it strange that there is no mention in the judgement of the merits of the case that Colonel Venter protecting the senior leadership of the country and acting as guardian of the point of entry at Winnie 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,” says Reiner Duvenage, Campaign Officer for strategy and content, at AfriForum.  

Issued by Reiner Duvenage, Campaign officer: Strategy and content, AfriForum, 29 September 2022