DURBAN – The High Court will hear arguments this afternoon as Duduzile Zuma-Sambudla’s defence team seeks to have the case against her dismissed.

The application is scheduled for 14:00 before Judge Mbuzeni Mathenjwa.

Zuma-Sambudla (43), daughter of former president Jacob Zuma, faces one count of incitement to commit terrorism and two counts of incitement to commit public violence. The charges relate to social media posts she made during the July 2021 unrest that swept through KwaZulu-Natal and Gauteng.

If the discharge application succeeds, the trial will end without Zuma-Sambudla being required to testify or call witnesses. If it fails, the defence will proceed with presenting its case.

Background to the unrest

The case stems from the violent riots that erupted after Jacob Zuma’s imprisonment on 7 July 2021 for contempt of court. The former president had refused to appear before the Zondo Commission investigating state capture allegations during his presidency from 2009 to 2018.

Between 8 July and 19 July 2021, widespread violence and looting engulfed parts of KwaZulu-Natal and Gauteng. The unrest left 354 people dead, caused an estimated R50 billion in damage, and affected 40 000 businesses and 50 000 informal traders. About 150 000 jobs were put at risk.

Social media posts under scrutiny

Prosecutors allege that posts and messages Zuma-Sambudla published on X (formerly Twitter) during the unrest encouraged or helped fuel violence, looting, arson and attacks on infrastructure.

Among the posts cited by the state, Zuma-Sambudla shared video of a burning vehicle transporter at Mooi Plaza on the N3, captioned: “Mooi Plaza… We See You!!! Amandla” with the hashtag #FreeJacobZuma and three raised-fist emojis.

She also shared a poster calling for a KwaZulu-Natal shutdown of roads, factories, shops and government until Jacob Zuma was “free, safe and alive“. She added the isiZulu word “azishe“, which can mean “let it burn” or “let it proceed“.

A social media expert told the court that 28 posts Zuma-Sambudla made within roughly 36 hours primarily conveyed “encouragement, jubilation and celebration” of the unrest. The defence disputed this interpretation.

Defence attacks investigating officer’s credibility

The defence’s principal attack has focused on Colonel Bheki Nazo, the investigating officer and a commander in the SAPS KwaZulu-Natal serious organised crime unit.

Advocate Dali Mpofu has challenged Nazo’s credibility and the reliability of his investigation, highlighting contradictions and an acknowledged error in Nazo’s statements.

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During a previous court sitting, the defence alleged that Nazo’s statements had been written by someone else. Mpofu characterised Nazo as a “conduit pipe” who had parroted the views of complainant Sarah-Jane Trent and others, rather than conducting an independent investigation.

The defence also questioned why the state initially decided not to call Nazo as a witness, then changed course, arguing that his evidence could be more favourable to the defence than to the prosecution.

Mpofu put to Nazo that the prosecution was a political plot intended to tarnish Zuma-Sambudla and her father. Nazo rejected this, saying: “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.”

Zuma-Sambudla has pleaded not guilty to all charges.

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