The case against the Economic Freedom Fighters leader was struck off the roll in Polokwane yesterday.
The High Court ruled there had been too many postponements in the matter.
Malema and his four co-accused had also faced charges of racketeering and money-laundering.
His attorney, Tumi Mokwena says he is pleased with the outcome but has no doubts the State will want to pursue the case further.
"We certainly are pleased with the outcome of this particular sitting because that is what we argued that we want the State to try us or withdraw, and they did not want to separate and try us and then the court took that decision on their behalf to strike the case off," he said.
(File photo: Gallo Images)
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