Duduzile Zuma-Sambudla at the Durban Magistrate's Court on Thursday. (Photo: MK Party/X)
Duduzile Zuma-Sambudla told the Durban magistrate’s court on Thursday that there was no evidence linking her to the July 2021 riots, and that she would be pleading not guilty to schedule six charges brought by the state.
She also accused the National Prosecuting Authority (NPA) of malicious prosecution, saying she was being used by the state to settle political scores because of her father, former ANC and state president, Jacob Zuma.
The 42-year-old has been charged with incitement to commit terrorism and public violence relating to social media posts, mostly on her X account, made during the civil unrest, which was sparked by Zuma’s arrest for contempt of court.
In an affidavit read out by her legal representative, Dali Mpofu SC, Zuma-Sambudla said she did not deny that she sent “some messages” during the unrest, but believed these had been “misconstrued”.
“I am of the strong opinion that no court can find that the violence in question occurred as a result of, or in connection with, any incitement or any misconduct on my part. The two things are utterly unconnected, causally or otherwise.
“My conduct was only informed by my particular sense of outrage at the injustice meted out on my own father.
“This went further than the objections of his political supporters, and millions of other peace and justice loving South Africans who, like me, did not participate in any acts of public violence, either directly or indirectly.”
She said she believed the state’s charges were “malicious and politically motivated”.
“They are aimed at settling political scores with my father, by the current regime.”
Evidence of this would be led during her trial, she said.
A case of malicious prosecution could be easily established against the NPA, she said, adding she had informed her legal representatives to pursue such action.
She said it was “plainly nonsensical and petty” to interpret her posts — “We See You”, accompanied by images of the destruction — to mean that people were influenced by the posts.
“The mere fact that it has taken the state almost four years to work out where a few social media messages constitute ‘terrorism’ speaks for itself as an indication that the NPA is clutching at straws with a very weak case.”
Even though she is charged with a schedule six offence, veteran prosecutor Yuri Gangai said the state did not oppose bail. Ordinarily, an accused has to prove exceptional circumstances to be released on bail when charged under schedule six.
Gangai said Zuma-Sambudla was not considered a flight risk, was employed and had a fixed address.
She had been aware of the investigation and “cooperated fully with the state as far as being present in court as concerned today”, said Gangai.
“I can place on record that she handed herself over willingly to police this morning, and she was processed and brought into court … and on that basis, we do not oppose bail.”
Gangai later told the court that 12 to 15 senior state advocates and deputy directors had worked on the case and made the decision to bring it to court. “It was not a decision that was taken lightly, and it is one of the reasons the decision took a little longer to make than others.”
Responding to Mpofu saying that the state’s case was weak because there had not been a successful prosecution in a similar matter, Gangai referred the court to the prosecution of Mdumiseni Kheta Zuma.
Kheta Zuma was sentenced to 12 years imprisonment for contravening sections 17 and 18 of the Riotous Assemblies Act for inciting, also through social media, the burning and looting of Pietermaritzburg’s Brookside Mall, during the 2021 riots.
“The circumstances of that case were very similar to this one — encouraging violent activity,” said Gangai.
Gangai also told magistrate Irfaan Khalil that he wanted to address Zuma-Sambudla’s claims of malicious prosecution. “If there was any political interference in this matter, I would have been the first one to expose it.”
Jacob Zuma was in the gallery as Zuma-Sambudla sat in the dock, joined by Duduzile’s twin, Duduzane, and prominent members of his and Zuma-Sambudla’s new political home, the uMkhonto weSizwe party.
Among the supporters were secretary general Floyd Shivambu, chief whip Mzwanele Manyi, national spokesperson Nhlamulo Ndhlela, former police minister Nkosinathi Nhleko and former KwaZulu-Natal premier Willies Mchunu.
Speaking to media outside the courthouse before proceedings started, Duduzane said the Zuma family had faced “a lot of court challenges over the years” and his sister’s arrest was “nothing new”.
“We are confident as always, and we are looking forward to another challenge in our family chapter.”
He said that although it wasn’t “a nice thing to be in the spotlight”, Duduzile was “a cool customer”.
He said the family would wait to see if the charges against his sister would hold.
“We’ll see who wins at the end of the day. I am confident, quietly so, but this is a necessary step and we’ll take it as it comes.”
Duduzane’s tone was phlegmatic at first — he thanked those in the justice system who had “been doing good work”, saying they should “keep it up”, but added: “To those who are persecuting some of us, take it easy. The more you do it, the less credible it becomes.”
Police confirmed that they had increased security in Durban and around the province ahead of Zuma-Sambudla’s appearance.
Zuma-Sambudla has been charged with incitement to commit violence and domestic terrorism under the Protection of Constitutional Democracy against Terrorist and Related Activities Act.
Labelled a “failed insurrection” by President Cyril Ramaphosa, the riots started on the evening of Thursday, July 8 2021, as Jacob Zuma was set to make his way to prison for contempt of court.
By Friday July 9, swathes of KwaZulu-Natal was experiencing unrest, with roads blocked by long-haul trucks, torched trucks, and burning debris.
By the weekend, thousands of looters had descended on businesses, shopping malls and warehouses, forcing entry and stealing anything that could be carried or packed in awaiting vehicles.
ATMs were bombed or removed and rioters tried to disconnect communication systems at the Durban port, while waterworks were also targeted.
Under-resourced and out-manned, the South African Police Service called on community groups to help quell the violence until the defence force was deployed.
That deployment came too late, the result of communication lapses between the relevant authorities.
More than 300 people were killed in the riots, the vast majority being criminals who died while fighting over stolen goods, then KwaZulu-Natal premier Sihle Zikalala said at the time of the unrest.
According to police, 69 people have been arrested for their role in the riots. Thus far, only one conviction has been secured.
Zuma-Sambudla was released on a warning and the matter was transferred to the high court for 20 March.