--- title: "EFF’s Marshall Dlamini sentenced for assaulting constable in Parliament - he remains an MP" description: "Marshall Dlamini has been given an 18-month suspended sentence after hitting a constable in the face and breaking his glasses following the 2019 Sona event in parliament. He remains an MP, as his sentence was suspended. The EFF has stuck by its SG, saying he had rightfully perceived a threat for the safety of EFF members." type: "NewsArticle" publisher: "Daily Maverick" site: "https://www.dailymaverick.co.za" section: "AGE OF ACCOUNTABILITY" author: "Velani Ludidi" author_url: "https://www.dailymaverick.co.za/author/velani-ludidi/" canonical_url: "https://www.dailymaverick.co.za/article/2024-06-28-effs-marshall-dlamini-sentenced-for-assaulting-constable-in-parliament-he-remains-an-mp/" published: "2024-06-28T13:53:43" updated: "2024-06-28T14:22:22" lang: "en-ZA" word_count: 502 --- # EFF’s Marshall Dlamini sentenced for assaulting constable in Parliament - he remains an MP > Marshall Dlamini has been given an 18-month suspended sentence after hitting a constable in the face and breaking his glasses following the 2019 Sona event in parliament.  He remains an MP, as his sentence was suspended. The EFF has stuck by its SG, saying he had rightfully perceived a threat for the safety of EFF members. By Velani Ludidi · Published 28 June 2024, 15:53 SAST · Updated 28 June 2024, 16:22 SAST ## Key points - EFF Secretary-General Marshall Dlamini dodges immediate prison time for assaulting a policeman in Parliament, with a suspended sentence and a hefty fine, sparking debates on political accountability and safety concerns. - EFF Secretary-General Marshall Dlamini receives suspended 18-month prison sentence for assaulting policeman during Parliament altercation in 2019, fined R6,000 or 3 months in jail as alternative. - Incident occurred after 2019 State of the Nation Address, with Dlamini found guilty of assault and malicious damage to property, causing injuries to Constable Johan Carstens. - Court rejects Dlamini's defence of perceived threat to Julius Malema's safety, emphasises severity of actions on public order and law enforcement dignity. - Dlamini retains Parliamentary seat due to suspended sentence, sparking debate on political leaders' accountability and interactions with law enforcement. ## Content 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. **Read more in Daily Maverick:**[SA’s GNU Cabinet negotiations are intertwined with Ramaphosa succession battle within the ANC](https://www.dailymaverick.co.za/article/2024-06-27-sas-gnu-cabinet-negotiations-are-intertwined-with-ramaphosa-succession-battle-within-the-anc/) 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)](https://cdn.dailymaverick.co.za/i/i98EjWH4m0Xs9Qb9qCaKFtpEE7U=/200x100/smart/filters:strip_exif\(\)/file/dailymaverick/wp-content/uploads/2022/02/Julia-MalemaAfriforum4.jpg) *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. [YouTube video: "YouTube video player"](https://www.youtube.com/watch?v=twftKPSZup4) 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** [Media on Daily Maverick: "2024 Cabinet"](https://www.dailymaverick.co.za/article/2024-06-28-effs-marshall-dlamini-sentenced-for-assaulting-constable-in-parliament-he-remains-an-mp/)