Understanding Duduzile Zuma-Sambudla's defence against incitement charges

Duduzile Zuma-Sambudla was released on a warning following her appearance in the Durban Magistrate's Court on Thursday on allegations that she incited violence during the July 2021 riots.

Duduzile Zuma-Sambudla was released on a warning following her appearance in the Durban Magistrate's Court on Thursday on allegations that she incited violence during the July 2021 riots.

Published 8h ago

Share

Duduzile Zuma-Sambudla said her conduct when sharing posts on social media during the July 2021 unrest stemmed from her outrage at the injustice meted out to her father, former president Jacob Zuma. 

The 42-year-old appeared in the Durban Magistrate's Court on charges under the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA) and incitement to commit violence, for videos and photographs she shared on X (previously Twitter), during a period when violent clashes and looting broke out across KwaZulu-Natal and parts of Gauteng. More than 350 people lost their lives.

Earlier on Thursday, Zuma-Sambudla handed herself over to police at Durban's central police station, metres from the court. 

In her affidavit to the court, she stated that she intended to plead not guilty to the charges against her. 

"Although I do not deny having sent some messages which have been misconstrued, I am of the strong opinion that no court can find that the violence in question occurred as a result or in connection with any incitement or any conduct on my part. The two things are utterly unconnected, casually or otherwise, in any sense envisaged by our criminal law," she said.

Zuma-Sambudla said she believed the charges were malicious and politically motivated. 

"They are aimed at settling political scores with my father by the current regime," she said.

— Se-Anne Rall (@seannerall) January 30, 2025

Reading out the affidavit in court, Zuma-Sambudla's legal counsel, led by Advocate Dali Mpofu, said he has been instructed to file charges of malicious prosecution at an appropriate stage. 

According to the National Prosecuting Authority, the State is alleging that during the period of June 29 to July 17, 2021, in various places within the Republic of South Africa, Zuma-Sambudla unlawfully and intentionally incited others to commit terrorism using social media posts. 

"The State is further alleging that she incited, instigated, or procured other persons known and unknown to the state to unlawfully assemble with common intent to forcibly disturb the public peace and invade the rights of other persons.

"In addition, the state alleges that she unlawfully and intentionally spoke words or published messages in circumstances that it might reasonably be expected that the natural and probable consequence of her speech would be the commission of public violence," said national NPA spokesperson, Advocate Mthunzi Mhaga.

Born in Mozambique and currently living in Hyde Park, Zuma-Sambudla is a Member of Parliament (MP) within the Umkhonto Wesizwe (MK) Party, led by her father. She also chairperson of the Southern Caucus of the Pan-African Parliament.

The matter has been transferred to the Durban High Court and she will appear again in March.

[email protected]

IOL