Dlamini adamant Malema’s life was under threat, to appeal against sentence for slapping parliament cop

EFF secretary-general Marshall Dlamini continues to maintain his innocence after being convicted and sentenced for slapping a police officer in parliament during a commotion as he believes the cop posed a danger to red berets leader Julius Malema.

Dlamini was sentenced on Friday by the Cape Town regional court for slapping WO Johan Carstens in 2019. He was found guilty of assault with the intent to do grievous bodily harm (GBH) and sentenced to 18 years in prison, suspended for five years on condition he does not commit the same or a similar offence during the period of suspension.

He was further fined R6,000 for malicious property damage during the altercation which was caught on camera in parliament's corridors a few minutes after the state of the nation address (Sona) in 2019.

The dust, however, has not settled in the five-year legal rodeo as Dlamini intends to appeal against the judgment

Speaking outside court Dlamini, who was the EFF's head of security in 2019, said he had no regrets about what happened, adamant he was “protecting” Malema from harm when he slapped Carstens. 

“On the day we received a communication from police that there was a threat on the life of CIC [Malema]. The police themselves, including the one who opened a case when they were asked [in court] if there was a threat to his life, they confirmed.

“This whole thing happened when we were going home. He [Carstens] was in civilian clothing, and he passed everyone in the corridor and approached the president [Malema] without speaking to anyone. He grabbed the president. That is when we knew the threat arrived because we were told it would happen during a commotion. I had no time to ask questions when the president‘s life was under threat. I had to attend to that without hesitation or regrets,” Dlamini said.

In a short clip of the scuffle, Malema can be seen being held back by a man in a black and white suit while trying to approach Carstens and wagging his finger at him. The altercation was then joined by EFF deputy president Floyd Shivambu and Dlamini. 

Dlamini overpowered people who were trying to restrain the group and slapped Carstens.

A few minutes after being sentenced Dlamini acknowledged the magistrate was concerned about his lack of remorse about the altercation.

“We were given a responsibility to protect, we knew once the life of the president is under threat we were not going to respond with flowers. In court, the magistrate said I showed no remorse.

“I was not going to show regret or make any apology, what I did that day I can do it again. They wanted me to come here and apologise for executing my duties, I told the magistrate I am not going to do that. I will not sell out my organisation because I am scared to go to prison.” 

The MP was not happy being found guilty of intent to do grievous bodily harm (GBH).

“I have been found guilty for GBH for holding a white man just a little, GBH is close to attempted murder. This was a civil case.”

The EFF has shown Dlamini its support saying he “will continue to exercise his responsibilities as a MP” as he appeals against the sentence.

“The rationale used by the court in its sentencing reaffirms our view that the case in its entirety was vindictive and is part of a broader attempt to provoke and then criminalise the leadership of the EFF,” the party said in a statement.

“It is our firm view that there was a predetermined agenda to prevent the EFF leadership from executing its legislative responsibilities at the Sona on that day, and that prevention was physical.

“Therefore, the actions of our secretary-general in defence of our leadership were necessary and revolutionary. The EFF and the secretary-general will therefore appeal both the judgment and the conviction.”

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