‘The most ridiculous thing’: Judgement reserved in Duduzile Zuma-Sambudla matter as Mpofu pokes holes in state’s case
Advocate Dali Mpofu has challenged the state's evidence, arguing that prosecutors failed to establish key elements of incitement.
The KwaZulu-Natal High Court in Durban has put off a decision on Duduzile Zuma-Sambudla's request to drop the terrorism charges against her. Zuma-Sambudla, the granddaughter of former South African president Jacob Zuma, is accused of inciting terrorism and violence during the violent unrest in KZN and Gauteng in July 2021. The unrest, marked by widespread looting and property destruction, followed her father's imprisonment for breaching a Constitutional Court ruling.
The state claims Zuma-Sambudla's social media posts incited people to join the violence and fueled its escalation. Her lawyer, Dali Mpofu, contends that the state's evidence is weak and argues that the allegations are "ridiculous". Mpofu highlighted that the state must prove there is an "incitee" – an individual who was incited – for incitement to be established, which the prosecution has failed to do.
He also accused the state of targeting Zuma-Sambudla and suggested that if her posts incited violence, those who retweeted them should also be held responsible. Mpofu questioned why only Zuma-Sambudla, despite many others sharing similar content, has been singled out. He also argued that the law's application to social media debates about protests could mean every person expressing an opinion would be deemed an inciter.
The state is opposing Zuma-Sambudla's application, and the matter is scheduled to return to court on Friday, 6 November, for a final judgment.
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