He and Member of Parliament Mbuyiseni Ndlozi are having to deal with attack penalties after supposedly going after a cop - lieutenant colonel Johannes Venter - in 2018 at the burial service of the late Winnie Madikizela-Mandela in Fourways.
They guarantee Venter denied them admittance to the burial service procedures.
During addressing on Friday, the two were found out if they got some margin to figure out who Venter's boss at the scene was prior to going after him.
Talking outside the Randburg Magistrates Court, Malema said the inquiry was insignificant considering the time the episode happened.
"The contention that we ought to have searched for some senior isn't here nor there in light of the fact that, at our perspective that time, we were grieving, it was a personal day."
The case was delayed to 29 September for judgment.
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