The charges against former President Jacob Zuma’s daughter, Duduzile Zuma-Sambudla, were both malicious and aimed at settling old political scores.
This is at the heart of the legal arguments that advocate Dali Mpofu presented at the Durban Magistrate’s Court on Thursday.
Charged with incitement of public violence, treason
The prominent senior counsel was appearing on behalf of Zuma-Sambudla, an uMkhonto weSizwe Party (MKP) member of parliament who faces incitement of public violence and high treason, among other charges.
“This is nothing more than malicious prosecution, which is political in nature. It has been hanging in the air for a long time.
“The intention is to settle old political scores with my father. I do not deny that I sent some of the messages, but they do not amount to treason,” said Zuma-Sambudla in an affidavit submitted to court by Mpofu.
Zuma-Sambudla, clad in a black dress and wearing an MKP head scarf, sat quietly and appeared calm in the dock during the proceedings. Slightly behind her was her twin brother, Duduzane Zuma.
Father, MKP members filled courtroom
Duduzile’s father, meanwhile, flanked by MKP national chairperson and former police Minister Nathi Nhleko, and other senior party leaders, cut a composed figure.
Zuma had earlier walked to court accompanied by a strong contingent of state protectors. He too was wearing a black suit. The courtroom was filled to capacity with members of the one-year-old political formation dressed in their party colours.
The state alleges that Zuma-Sambudla was among the key instigators of what became known as the July 2021 riots.
This began with the looting and burning of shops before becoming a violent confrontation that led to the deaths of more than 300 people countrywide.
“Following the state capture commission chaired by Justice Raymond Zondo, the Constitutional Court ordered on 29 June 2021 that former President Jacob Gedleyihlekisa Zuma be incarcerated for a period of 15 months. Zuma’s supporters, including the accused (his daughter) expressed their dissatisfaction with the Constitutional Court’s decision.
Campaigned through gatherings and social media
“They publicly campaigned against his imprisonment through gatherings and social media posts,” the state alleges in the indictment authored by Lawrence Gcaba, the deputy public director of prosecutions in KwaZulu-Natal
It further contends that many individuals, including Zuma-Sambudla, used social media to organise, plan, incite and coordinate violent incidents and looting. The mass action was focused mainly in KwaZulu-Natal. And the intention was to pressure authorities to release Zuma, according to the state.
“The accused, who had more than 100, 000 followers on her public Twitter (now X) account during the relevant period, utilised her Twitter handle, @DZumaSambudla, to incite, support and encourage activities such as road blockages and arson.
“These activities were incited in furtherance of a political or ideological motive. They were specifically aimed at forcing the government to free Zuma from incarceration,” read the indictment.
Defence argues that most instigators have been cleared
Mpofu argued that in all the cases involving the so-called instigators, many had been cleared of the charges. He argued that it will be the case with Zuma-Sambudla.
Mpofu said defence will show at a later stage that the charges against Zuma-Sambudla were frivolous.
“The state has no other evidence except the Twitter posts. This is just a waste of state resources. But at a later stage we will show that this matter is political,” he said.
It also emerged in court that private investigator Paul O’Sullivan is the key witness in the matter. He is the one who laid a complaint against Zuma-Sambudla.
The charges faced by Zuma-Sambudla include incitement to cause public violence and committing acts of treason.
NPA denies any political agenda
Vuyo Mhaga, spokesperson for the National Prosecuting Authority (NPA), poured water to the claim that the charges were political.
He said: “The state has a compelling case against the accused as you heard for yourself in court. We should desist the temptation to connect prosecution with politics.”
Zuma-Sambudla, while released on warning, will now come back to court on March 20 for the commencement of the trial. The matter has also been transferred from the Magistrate’s Court to the High Court.
