Duduzile Zuma-Sambudla was released on a warning by the Durban Magistrate's Court yesterday, when she applied for bail on charges relating to incitement during the July 2021 unrest.
Magistrate Irfaan Khallil who presided over the matter released Zuma-Sambudla on warning before transferring the matter to the Durban High Court on March 20.
Zuma-Sambudla, 42, said the charges against her were aimed at her father (former president Jacob Zuma) and reflective of the current government's attitude towards him .
She handed herself over to police at Durban's central police station, metres from the court, earlier in the day.
Through her legal representative, advocate Dali Mpofu, Zuma-Sambudla indicated that, at the appropriate time, she would respond with legal action for her own for the “malicious prosecution” against her.
She faced charges of Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA) and incitement to commit violence following posts she shared on X (then Twitter) during the July riots in 2021.
Mpofu told the court that the State's case was 'very weak' and that his client intended to plead not guilty to the charges against her.
He said Zuma-Sambudla cooperated with the State, but said the State succumbed to pressure to bring charges almost four years later.
"Those posts are still on social media. She hasn't deleted them. All she said was 'I see you' in the posts," Mpofu said
The State did not oppose to bail, which she asked to be set at R3,000 in line with what previous accused arrested on similar unrest related charges had faced.
More than 350 people died during the violent riots and looting that unfolded across KwaZulu-Natal and parts of Gauteng.
Jacob Zuma, the MKP’s president, attended the court proceeding and was accompanied by the party’s secretary general Floyd Shivambu.
Zuma-Sambudla's twin brother, Duduzane Zuma, was also in attendance together many MK supporters in the gallery and many more in and around the courthouse.
The charges she faces were over the posts she made on social media platform X (previously Twitter), where she allegedly encouraged the violence that played out across KwaZulu-Natal and parts of Gauteng in 2021.
She shared a stock of videos and images that captured the riots, violent scenes and destruction that unfolded in various areas across KZN and Gauteng - all of her posts bore the caption #FreeJacobZuma.
In her affidavit, Duduzile Zuma-Sambudla said her conduct when sharing posts on social media at the time stemmed from her outrage at the injustice meted out to her father.
"Although I do not deny having sent some messages which have been misconstrued, I am of the strong opinion that no court can find that the violence in question occurred as a result or in connection with any incitement or any conduct on my part.
“The two things are utterly unconnected, casually or otherwise, in any sense envisaged by our criminal law.
"The charges are aimed at settling political scores with my father by the current regime," she said.
The State, represented by Senior Prosecutor Yuri Gangai, alleged that during the period of June 29 to July 17, 2021, in various places within the Republic of South Africa, Zuma-Sambudla unlawfully and intentionally incited others to commit terrorism using social media posts.
National NPA spokesperson, Advocate Mthunzi Mhaga, said: "The State is further alleging that she incited, instigated, or procured other persons known and unknown to the state to unlawfully assemble with common intent to forcibly disturb the public peace and invade the rights of other persons.
"In addition, the state alleges that she unlawfully and intentionally spoke words or published messages in circumstances that it might reasonably be expected that the natural and probable consequence of her speech would be the commission of public violence.“
In a report released by the South African Human Rights Commission (SAHRC) in January 2024, it was found the July 2021 unrest was orchestrated by perpetrators who were well resourced.
Even though the chaotic events took place when Zuma was arrested and people drew inferences that the incarceration was linked to the unrest, the commission said it could not find a link.
In its findings, the SAHRC further said the fact that the police were ill-prepared for the riots could be something to do with training and resources to deal with the crisis.
The report has recommended that socio-economic factors must be addressed in the country to prevent similar incidents in future.
DAILY NEWS