EFF’s Marshall Dlamini sentenced for assaulting constable in Parliament - he remains an MP

EFF Secretary-General Marshall Dlamini has been handed an 18-month prison sentence, suspended for five years, for assaulting a policeman during a chaotic altercation in Parliament in 2019. Additionally, the Cape Town Magistrates’ Court imposed a fine of R6,000 or an alternative of three months in jail.

Dlamini was found guilty of assault with intent to cause grievous bodily harm and malicious damage to property after hitting Constable Johan Carstens in the face and breaking his glasses. The incident occurred in the lobby of Parliament following the 2019 State of the Nation Address (Sona). Carstens suffered a 3cm cut on the bridge of his nose and facial redness from the assault.

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The altercation took place on 7 February 2019 after a heated Sona event. Dlamini, along with other EFF members, claimed they acted out of a perceived threat to the safety of their leader, Julius Malema. Dlamini testified that he believed Malema was under threat of assassination, which prompted his actions. However, Magistrate Nasha Banwari rejected this defence, stating that there was no credible evidence to substantiate such a threat.

The EFF’s Marshall Dlamini (left) and party leader Julius Malema at the Equality Court on 16 February 2022 in Johannesburg. (Photo: Gallo Images / Fani Mahuntsi)

Court’s judgment

In her judgment, Magistrate Banwari emphasised the severity of Dlamini’s actions and their impact on public order and the dignity of law enforcement. While acknowledging Dlamini’s role and responsibilities within the EFF, the court noted that the assault could not be justified by any perceived threat.

 



However, given his lack of prior convictions and his expressed remorse, the court found that a suspended sentence was appropriate.

Following the sentencing, EFF spokesperson Leigh-Ann Mathys expressed the party’s continued support for Dlamini. She argued that the incident arose from a genuine concern for the safety of EFF leaders.

“Marshall Dlamini acted out of what he rightfully perceived as an imminent threat to our collective safety,” Mathys stated. “The court rightly dismissed the politically motivated argument by the State, which sought to imprison a responsible member of society who was executing his responsibility of defending his leadership,” said Mathys.

Mathys also praised the court for recognising Dlamini’s contributions and qualifications, stating that removing him from his role would serve no constructive purpose. She reiterated the EFF’s stance that there was a concerted effort to prevent their leaders from fulfilling their duties during Sona 2019.

Impact on parliamentary status

Dlamini’s suspended sentence means he retains his Parliamentary seat. According to Section 47(1)(e) of the Constitution, an MP is disqualified if convicted and sentenced to 12 months or more in prison without the option of a fine. As Dlamini’s sentence is suspended, he does not face immediate disqualification.

Had the sentence not been suspended, Dlamini would have been removed from Parliament, and the EFF’s next highest-ranking member on their list would have taken his place. DM