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Duduzile Zuma-Sambudla denies guilt on public violence and terror charges

MK member Bongani Khanyile. (Photo: Greg Arde)

30 Jan 2025

State prosecutor Yuri Gangai said more than 12 senior state prosecutors were involved in the decision to charge her, there was no political motive in the charges, and the State had successfully prosecuted other people involved in public violence related to the 2021 riots.

A picture of poise, terror accused Duduzile Zuma-Sambudla appeared in the dock in the Durban Magistrates’ Court on Thursday, 30 January 2025, where she was released on warning following charges of inciting public violence in the 2021 riots that claimed 350 lives and cost the economy R50-billion.

For the most part, she was quiet and composed, but Zuma-Sambudla beamed a radiant smile at photographers and punched the air in a salute when her father, former president Jacob Zuma, arrived.

Duduzane Zuma at Durban Magistrates’ Court on 30 January 2025. (Photo: Gallo Images / Darren Stewart)

Her father and her twin brother Duduzane sat in the front row of the public gallery.

They and other Umkhonto weSizwe party members crammed into the court to show their support for Zuma-Sambudla, an MK Member of Parliament who was criminally charged on Thursday morning when she presented herself at the Durban Central police station.

zuma duduzile Former president Jacob Zuma and his daughter Duduzile Zuma-Sambudla (right) dance outside Durban Magistrates’ Court. (Photo: Gallo Images / Darren Stewart)

She was charged with incitement to commit terrorism and public violence, charges her lawyer Dali Mpofu said she denied.

The State’s summary of substantial facts against Zuma-Sambudla is that following the Zondo commission’s order that her father be incarcerated, his supporters (including his daughter) publicly campaigned against his imprisonment:

“Many individuals, including the accused, used social media to organise, plan, incite and co-ordinate violent incidents and looting, primarily in KwaZulu-Natal, with the intent to pressure authorities to release Zuma.”

Zuma-Sambudla, with more than 100,000 Twitter – now X – followers, allegedly used her handle to incite, encourage and support activities such as road blockages, arson and attacks on the judiciary and infrastructure.

The State claims her posts incited violence to further a political motive specifically aimed at forcing the government to release her father.

Duduzile Zuma-Sambudla outside Durban Magistrates’ Court. (Photo: Gallo Images / Darren Stewart)

Zuma-Sambudla faces a charge of incitement to commit terrorism and two counts of incitement to commit public violence in terms of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, and the Riotous Assemblies Act.

Between 29 June and 17 July 2021, the State alleges she “incited, instigated, commanded, or procured” others to unlawfully assemble with common intent to forcibly disturb the public peace and published messages that, under the circumstances, might have reasonably resulted in public violence.

She repeatedly published video clips and images of unrest accompanied by statements which called attention to the ongoing violence and unrest, allegedly encouraging further unlawful acts.

Zuma-Sambudla’s actions, the State alleges, were intended to threaten the unity and territorial integrity of the State, intimidate, induce feelings of insecurity and spread terror, fear and panic.

She allegedly contravened terror legislation and the Riotous Assemblies Act.

Not guilty plea

Duduzile Zuma-Sambudla’s lawyer Dali Mpofu at Durban Magistrates’ Court. (Photo: Gallo Images / Darren Stewart)

Mpofu said his client would plead not guilty, adding that the charges against her were malicious and politically motivated.

He said Zuma was aware of “innuendo” arising from messages she posted in protest against her father’s imprisonment. She didn’t deny sending messages, though some had been misconstrued.

She was outraged at her father’s incarceration, but denied her messages were linked to violence.

Mpofu said it was “nonsensical and petty” to suggest the words “I see you” constituted terrorism.

According to testimony at the SA Human Rights Commission investigation into the riots that brought most of the country to a standstill, Zuma-Sambudla engaged in the most celebratory posts during the unrest.

Mpofu said it took the State four years to assemble the case against his client, which was “very weak”. It should have taken four days to inspect her social media posts, “let alone four years”.

Mpofu said the case against his client had “worrying” implications for freedom of expression in South Africa.

She would challenge her arrest and the charges, which were “a waste of time … the whole thing smells fishy”.

Zuma-Sambudla was released on warning after the State served her an indictment.

State prosecutor Yuri Gangai said the investigation into her was complete. The matter would be transferred to the Durban High Court and resume on 20 March.

Gangai said the decision to prosecute Zuma-Sambudla had not been taken lightly. More than 12 senior State prosecutors were involved in the decision to charge her, and he believed the State had a strong case.

There was no political motive in the charges, and the State had successfully prosecuted other people involved in public violence related to the 2021 riots, he said.

Reacting to MK’s criticism of the delay in bringing charges, NPA national spokesman Mthunzi Mhaga said the State had to outsource a specialist technical review of the evidence on social media.

Supporters

mk supporters MK party supporters outside the Durban Magistrates’ Court. (Photo: Gallo Images / Darren Stewart)

Outside court, some MK supporters arrived early and spent most of the day in scant shade in the sweltering heat to see Jacob Zuma and his daughter after the case.

eThekwini-based MK supporter Lindelwa Madoda said she and her friends loved the Zumas.

“We have been here since 6am. We don’t mind the heat.”

“Yes,” chipped in Thuli Zama, “we would have even waited in the rain.”

Despite the heat and the wait, there was a festive atmosphere.

From left: MK supporters Esona Mshengu, Liza Radebe, Thuli Zuma and Lindelwa Madoda outside court. (Photo: Greg Arde)

Hawkers did a brisk trade selling snacks, cooldrinks and party merchandise (R350 for an MK golf shirt and R800 for a complete camouflage outfit).

Madoda, Zama and fellow “commanders” joined in rallying calls of “wenzeni uZuma” (what did Zuma do?) when the father and daughter took to a mobile stage outside the court.

shivambu zuma MK secretary-general Floyd Shivambu (left) and former president Jacob Zuma at the Durban Magistrates’ Court. (Photo: Gallo Images / Darren Stewart)

The Zumas were introduced by MK party leaders Willies Mchunu and Floyd Shivambu, who slammed the prosecution as an abuse of State resources in pursuit of a political agenda to stop the “revolutionary” politics of Zuma aimed at “bringing about total freedom”.

MK member Bongani Khanyile. (Photo: Greg Arde)

Among those in court was student fees activist turned party hopper Bongani Khanyile, who is also facing charges of instigating violence during the 2021 civil unrest.

“The State cannot instil fear by prosecuting Duduzile…the charges are baseless. They rely on tweets, the slogan ‘we see you’... come on!”

Khanyile said his trial was separate from that against another 63 people charged with instigating violence in July 2021, which is due to resume soon.

The trials, including Zuma-Sumbudla’s, are separate.

In November 2023, another July 2021 instigator, Mdumiseni Khetha Zuma, was sentenced to 12 years in jail for his part in encouraging others to commit public violence.

Mdumiseni Zuma created and shared a video on social media in which he notified others that the Brookside Mall in Pietermaritzburg would be closed and warned that if it were opened, it would be destroyed. The mall was looted and torched the next day. Others have also been convicted and sentenced for crimes linked to the riots. DM

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