Zuma-Sambudla loses discharge bid, then closes defence case
DURBAN — Duduzile Zuma-Sambudla’s trial over the July 2021 unrest will proceed to legal arguments after the Durban High Court rejected her application for a discharge and her defence elected to call no witnesses. The matter has been postponed to 17 May 2027, with no verdict yet delivered.
Judge Mbuzeni Mathenjwa dismissed the application on 6 November. Zuma-Sambudla faces one count of incitement to commit terrorism and two counts of incitement to commit public violence. She has pleaded not guilty to the charges, which concern social media posts published around the unrest in KwaZulu-Natal and Gauteng.
Her lawyers sought a discharge under section 174 of the Criminal Procedure Act after the prosecution closed its case. The defence argued that the State had failed to establish a case sufficient to require the trial to continue, while prosecutors opposed the application.
In his judgment, Mathenjwa said the disputed meaning of the posts, Zuma-Sambudla’s intention and the other evidence required assessment together at the end of the trial. He emphasised that the discharge stage did not involve a final determination of witness credibility or whether guilt had been proved beyond reasonable doubt. The refusal therefore allows the prosecution to continue seeking a conviction; it is not itself a finding of guilt.
After the ruling, advocate Dali Mpofu told the court that Zuma-Sambudla had instructed the defence to close its case without calling witnesses. The next stage will consequently involve legal arguments on the evidence already presented.
The prosecution alleges that her posts encouraged participation in violence following the imprisonment of her father, former president Jacob Zuma. The unrest spread across KwaZulu-Natal and Gauteng in July 2021. Zuma-Sambudla disputes criminal responsibility, and the court must still determine whether the State has proved the charges against her.
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