The Randburg magistrate’s court on Friday dismissed EFF leader Julius Malema and commissar Mbuyiseni Ndlozi’s discharge application.
The EFF duo had submitted a section 174 application arguing that the state did not have sufficient evidence to convict them, hence the continuous delays in the case.
In May, the court postponed the assault case to June 3 after a witness had failed to take a stand citing ill health.
Malema and Ndlozi are charged with assaulting Lieutenant-Colonel Johannes Venter during the funeral service of struggle veteran Winnie Madikizela-Mandela at the Fourways Memorial Park, in 2018.
Both Malema and Ndlozi pleaded not guilty to the charge. Addressing his followers who had gathered outside the court building at his previous appearance, Malema raised concern about the delays in finalising the trial.
“This matter is done, let them do what they want to do with us. We are not going to be doing up and downs here because we touched a white man. We are still going to touch a lot of white men,” said Malema at the time.
To the delight of his supporters, the commander-in-chief of the red berets said the case was the longest trial of assault in history. “We are now four years into a useless trial.”
The trial continues after Defence Advocate Laurence Hodes SC said the duo are ready to testify.
This is a developing story…
Also read: Malema, Ndlozi common assault case postponed
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