The Randburg magistrate’s court has dismissed the discharge application brought by EFF leader Julius Malema and MP Mbuyiseni Ndlozi.
They had brought a section 174 application arguing that the state does not have sufficient evidence for a conviction.
The case is set to resume after a short adjournment.
Defence advocate Laurence Hodes SC said Malema and Ndlozi are ready to testify.
They are charged with assaulting a police officer, Lt-Col Johannes Jacobus Venter, at the funeral of Winnie Madikizela-Mandela in April 2018.
This is a developing story
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