Duduzile Zuma-Sambudla will petition the National Director of Public Prosecution (NDPP), Advocate Shamila Batohi, to withdraw charges against her claiming she is being politically  persecuted.

This was announced by her attorney, Advocate Dali Mpofu in the Durban High Court on Thursday. Sambudla-Zuma appeared in court for the second time after making her first appearance in January this year. The decision to appeal to Batohi came after the KwaZulu-Natal Director of Public Prosecution, Advocate Elaine Zungu, declined the same request.

The state alleges that  former president Jacob Zuma’s daughter. Zuma-Sambudla, was instrumental in fomenting deadly violence that left many people dead and paralysed the economy, particularly in KwaZulu-Natal in July 2021.

She faces three counts emanating from her social media posts during the civil unrest which was an angry reaction to her father’s incarceration. Count one is incitement to commit the offence of terrorism, with the state alleging that between 29 June and July 2021, in various places within the country, the accused unlawfully and intentionally incited others to commit terrorism by engaging in terrorist activities.

On count two, which is an incitement to commit violence, the state alleges the accused incited, instigated, commanded  or procured other persons unlawfully assembling with common intent to forcibly disturb the public peace or tranquility or to invade the rights of other persons. On count three, the state also accuses her of violating Section 17 of the Riotous Assemblies Act, 17 of 1956 which deals with the illegal assembling of persons with the intention to cause a riot.

Mpofu said his client will make a presentation to Batohi to withdraw charges against her.

“My lord, we will make presentations to the NDPP to withdraw these charges. If she agrees that will be the end of this case, however, if she declines we will come for trial,” said Mpofu.

The matter was postponed to 14 August for a pretrial hearing where both the state and defence will confirm whether they are ready or not for the trial which has been provisionally set down for 10 to 28 November.

Speaking to the media outside court, Umkhonto weSizwe Party national chairperson Nathi Nhleko said the decision to petition Batohi to drop charges was motivated by the fact that the case emanated from the unlawful arrest of former president Jacob Zuma. He said people reacted to the unlawful decision to arrest Zuma and there is no reason for the state to waste resources on the case

National Prosecuting Authority spokesperson Mthunzi Mhaga, said the state has long been ready for the trial, however, it will wait to see the NDPP’s decision on the request for the withdrawal of charges. 

“The accused has not filed her presentation, however, she must do so between now and 14 August which is the date set for pretrial,” said Mhaga.

willem.phungula@inl.co.za

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