Magistrate laments delay in Malema, Ndlozi assault trial
The magistrate in the assault trial involving EFF leader Julius Malema and party MP Mbuyiseni Ndlozi has refused to grant any more postponements in the long-running case.
Malema and Ndlozi appeared in the Randburg Magistrate’s Court on Friday for the alleged assault of a police officer at the funeral of struggle stalwart Winnie Madikizela-Mandela in 2018.
Magistrate Lieland Poonsamy told the court the trial has taken too long to come to a conclusion.
"The court finds that the two accused before court have been prejudiced in the completion of the trial. This trial should come to a conclusion and the court is refusing any further postponements in this regard,” he said.
The latest postponement in the trial, which was brought by lobby group AfriForum on behalf the police officer, is the third since it began in 2019.
The delay came after the final state witness didn’t arrive, indicating through a doctor’s note that she was not feeling well.
Poonsamy said the case cannot reach a just and fair conclusion without the final witness.
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"The state has further indicated that the witness’ evidence could be, the interest of justice, and be important to the defence and the state.
"Without that evidence the court will not be in a position to conclude the case to the full extent of all the evidence needed to be placed before the court to come to a just and fair conclusion."
Malema and Ndlozi's lawyer Laurance Hodes SC has applied for a Section 174.
If granted, it will see the case being struck from the roll.
The matter will be back in court in June, when judgment will be delivered in the application.
