Duduzile Zuma-Sambudla to Apply for Discharge in Durban High Court

Duduzile Zuma-Sambudla is expected to apply for her discharge in the Durban High Court on Thursday, as her trial over social media posts linked to South Africa’s July 2021 unrest continues.

Zuma-Sambudla, daughter of former president Jacob Zuma, faces charges of incitement to violence and incitement to terrorism.

The charges relate to tweets she made during the unrest, which followed her father’s imprisonment and saw widespread looting, violence and damage to property.

The defence application will ask the court to acquit her without requiring her to present a defence. Such an application is typically made after the prosecution has closed its case, on the basis that the evidence presented is insufficient to justify continuing the trial.

During proceedings, Zuma-Sambudla’s advocate, Dali Mpofu, put it to investigating officer Bheki Nazo that the case was the result of a political plot to tarnish his client and her father.

The allegation formed part of the defence’s questioning of the officer.

Nazo rejected the suggestion that the prosecution was politically motivated. “It was just a political game to besmirch the accused and her father,” Mpofu put to him, according to the court report.

Nazo responded: “No, it was not a political game. And it’s still not a political game. She posted what she posted. She encouraged what she encouraged. People died, properties were damaged. We are here”.

The discharge application is a key stage in the trial. If the court grants it, the case against Zuma-Sambudla would end without her having to testify or call witnesses. If it is dismissed, the defence would have the opportunity to present its case.

The prosecution’s case concerns whether the posts amounted to encouragement of violence or terrorism during a period of severe unrest.

Zuma-Sambudla has not been convicted, and the charges remain allegations to be tested in court.

The July 2021 unrest erupted after Jacob Zuma was jailed for contempt of court. The violence and looting were concentrated in KwaZulu-Natal and Gauteng, with hundreds of people killed and businesses and public infrastructure damaged.

The events prompted investigations into whether online messages helped incite or coordinate violence.

The court will consider the evidence led by the state and the legal arguments made by both sides before deciding whether the trial should proceed. Zuma-Sambudla’s application is scheduled to be heard on Thursday.

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