Zuma-Sambudla to face continued prosecution after court ruling

Duduzile Zuma-Sambudla’s attempt to have the criminal charges against her withdrawn has failed after the Durban High Court dismissed her Section 174 application on Friday.

The ruling means the prosecution can proceed with its case against the daughter of former president and uMkhonto weSizwe (MK) Party president Jacob Zuma, who is accused of inciting terrorism and public violence through social media posts linked to the July 2021 unrest.

The application followed a challenge by the defence to the strength of the State’s evidence. Advocate Dali Mpofu argued that prosecutors had failed to establish the necessary elements of incitement and questioned whether the State could demonstrate a link between Zuma-Sambudla’s posts and those who participated in the violence.

A significant part of the defence’s challenge focused on the evidence of investigating officer Colonel Bheki Nazo. During cross-examination, Mpofu questioned inconsistencies in Nazo’s statements and the basis on which he had concluded that Zuma-Sambudla was involved in the alleged offences.

Nazo acknowledged that a paragraph in one of his statements was erroneous. He maintained, however, that the other paragraphs were correct and explained that he had received information from the crime intelligence team while preparing his statements.

The court also heard evidence about investigators’ examination of Zuma-Sambudla’s cellphone and financial records, including efforts to establish possible links between her and people involved in the unrest. The defence relied on the investigation’s findings to challenge the State’s case.

The prosecution opposed the application, maintaining that there was sufficient evidence for the matter to continue. Prosecutor Mahendra Naidu argued that the social media posts should be assessed collectively, taking into account their frequency, timing and alleged escalation, rather than as isolated messages. Mpofu disputed this interpretation, challenging whether the messages met the legal requirements for incitement.

Following Friday’s judgment, the matter was postponed to May 2027 while she remains out on bail.

Zuma-Sambudla’s defence will have to consider the next stage of the proceedings.

The dismissal does not amount to a finding of guilt or an acquittal. It means only that the defence’s attempt to secure a discharge at this stage was unsuccessful.