Africa-Press – South-Africa. The assault case against EFF leader Julius Malema and MP Mbuyiseni Ndlozi has been postponed until May for the final State witness to be called.
Malema and Ndlozi are on trial for the alleged assault of Lieutenant-Colonel Johannes Venter during the burial of Winnie Madikizela-Mandela on 14 April 2018.
The matter was expected to sit on Thursday and Friday in the Randburg Magistrate’s Court. However, the State requested a postponement as its final witness was unavailable.
Advocate Laurence Hodes SC, on behalf of the accused, opposed the application, saying, among other things, that the case goes back four years.
He further argued that this witness had failed to arrive at court previously, and it appeared that the witness would not appear.
“It does not seem that this witness intends to come. She did not come last time… and now [it is] because of chest pain. There comes a point where the court has to take regard of the rights of the accused to be tried with expedition,” Hodes argued.
The State, however, was subsequently granted the postponement after it provided the court with documentation that showed that the State’s final witness was not well.
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Scores of supporters gathered outside the court, waiting for Malema to address them and when he did, he questioned how a common assault case could sit in the courts for four years.
“They must be ashamed that a common assault case can last for four years. It exposed the incompetency of the courts and the National Prosecuting Authority (NPA),” he said.
Malema further stated that when the State closes its case, it intended to apply for a Section 174 discharge.
An accused lodged a discharge application in terms of Section 174 of the Criminal Procedure Act after the State had closed its case, with the argument that there was not enough evidence before the court to link the accused to the charges.
The NPA’s Phindi Mjonondwane told News24 that the State was in agreement with the court that what was important now was to complete its case.
“We have provided documentation that she is not well and cannot attend court. Therefore it was not unreasonable to request a postponement as the State,” she said.
The matter is due to return to court on 6 May.
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