The Jacob Zuma Foundation says the State’s admission that it regarded Duduzile Zuma-Sambudla as a person of interest long before the July 2021 deadly civil unrest vindicated its long conviction that her charges were a witch hunt.

The uMkhonto weSizwe Party (MKP) member of Parliament and daughter of the party founder, Jacob Zuma, began her marathon trial in Durban High Court on Monday.

Zuma-Sambudla pleaded not guilty at the commencement of the trial. She faces three counts emanating from her social media posts during the civil unrest. Count one is incitement to commit the offence of terrorism, with the State alleging that between June 29 and July 15, 2021, in various places within the country, Zuma-Sambudla unlawfully and intentionally incited others to commit terrorism by engaging in terrorist activities.

On count two, which is incitement to commit violence, the State alleges Zuma-Sambudla incited, instigated, commanded  or procured other persons to unlawfully assemble 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 accused 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.

During the tense cross-examination by Zuma-Sambudla’s attorney, Advocate Dali Mpofu SC, on Monday, Major General Gopal Gounden from the Directorate of Priority Crimes Investigations (DPCI) admitted that police had been monitoring her long before the unrest.

Gounden stated that the State began considering her a person of interest before the unrest erupted, in response to Mpofu’s query regarding the timeframe.

Mpofu said this meant that the State had been spying on her; however, Gounden objected to that, saying the police had been monitoring her, not spying.

Reacting to the revelation, the Zuma Foundation spokesperson Mzwanele Manyi said the Foundation was vindicated.

“We have long known that her only sin is that she is a daughter of President Zuma, nothing else. Today, we are vindicated. What came out today proves that we were not wrong in our conviction that this trial is nothing but persecution,” said Manyi.

Just before the trial, the Foundation had issued a statement stating that the trial was nothing but a witch-hunt against Zuma’s daughter.

After the adjournment of the trial on Monday afternoon, Mpofu received hugs and handshakes from MKP members for “exposing” the State.

Mpofu had asked Gounden how the sharing of pictures and videos of burning trucks and property, and then posting “We see you” on social media, can be construed as inciting people.

Mpofu argued that the State has no case against Zuma-Sambudla, except that she is the daughter of Zuma.

“What other messages did she write for the State to conclude that she allegedly incited people to go and loot? Why did the police not charge the persons who posted pictures and videos of burning shops?” argued Mpofu

The prosecution, led by Advocate Yuri Gangai, responded that the individuals who posted those videos did not write inciting messages; however, Zuma-Sambudla did when she wrote, “We see you.”

It also argued that the “We see you” messages must be read in the context of the preceding messages from June 30, a day after the Constitutional Court sentenced her father to 15 months of direct imprisonment.

Gangai alleged that in her preceding tweets, she wrote in Zulu: “Comrades, the time for fighting using cellphones is now over, amandla!”

Gangai argued that this message, coupled with later images of burning trucks and shops, and the caption of “We see you”, was an endorsement of what the people were doing; therefore, it constituted incitement.

On Tuesday, the State expects Sara Jane Trendt, who filed charges against Zuma-Sambudla.

The trial continues.

willem.phungula@inl.co.za

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