NPA says Zuma-Sambudla’s posts tell a different story together
DURBAN — Prosecutors have urged the Durban High Court to assess Duduzile Zuma-Sambudla’s social media posts together, rather than individually, as they oppose her bid to end her July unrest trial. The National Prosecuting Authority argues that the timing, frequency and escalation of the posts support its incitement case.
Zuma-Sambudla has applied for a discharge under section 174, arguing that the prosecution has not presented sufficient evidence for the case to continue. She has pleaded not guilty to one count of incitement to commit terrorism and two counts of incitement to commit public violence.
State and defence dispute meaning of posts
Prosecutor Mahendra Naidu argued on Thursday that the posts became increasingly intense as the unrest unfolded. He said their cumulative effect, including repeated messages over a short period, was central to the charges.
Defence advocate Dali Mpofu challenged that reasoning, arguing that repetition could not turn a post that was not unlawful into incitement. He also submitted that prosecution witnesses had conceded that individual posts did not amount to inciting violence. These remain competing arguments before the court.
Mpofu separately questioned whether the prosecution had established a connection between his client’s messages and anyone encouraged to commit an offence. He argued that the state needed to identify a recipient of the alleged incitement, regardless of whether the communication happened online or through another medium.
Ruling expected next week
The defence has also challenged investigating officer Colonel Bheki Nazo’s approach, suggesting he adopted an early view of Zuma-Sambudla’s involvement without adequately testing the allegations. Nazo rejected the suggestion that the prosecution was a political exercise aimed at damaging her and her father, former president Jacob Zuma.
The charges concern posts made around the July 2021 unrest in KwaZulu-Natal and Gauteng. The immediate question is whether the prosecution’s evidence is sufficient for the trial to proceed. A ruling on the discharge application is expected on Friday, 6 November.
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