The Randburg Magistrate’s Court today set the date for the trial of Julius Malema, leader of the EFF, and Mbuyiseni Ndlozi, EFF Spokesperson, for 13 and 28 October 2020. After continued pressure from AfriForum, Malema and Ndlozi are prosecuted by the National Prosecuting Authority (NPA) for the alleged assault of a SAPS colonel.
This follows AfriForum’s announcement in July 2019 that it would approach the court with a mandamus application to force the NPA to decide on the prosecution of Malema and Ndlozi in this matter.
Both Malema and Ndlozi will have to appear in court on 14 September in order for a court investigation into whether the warrants of arrest against them should be suspended because they failed to attend previous court proceedings. This is due to COVID-19 regulations. The prosecutor also indicated that the original charge sheet could not be found at this stage, which means that the warrant for arrest could not be executed today.
It is alleged that Malema and Ndlozi assaulted a senior police officer in April 2018 at the funeral of Winnie Mandela. The incident was caught on closed-circuit television cameras. The police officer laid charges with the SAPS, but these were neglected until AfriForum’s Private Prosecution Unit enquired about the investigation in January 2019.
“AfriForum welcomes the setting of a court date, because we have thought from the start that there is a prima facie case against Malema and Ndlozi. The NPA reconsidered their initial refusal to prosecute after continued pressure from AfriForum and has since instituted prosecution. Now the legal process must run its course; however, we will continue to support the SAPS colonel,” says Phyllis Vorster, Prosecutor at the Private Prosecution Unit.