Developing story: the ruling had not been reported when this draft was written. This article follows our earlier coverage of the application to dismiss the case.
The Durban High Court is due to deliver judgment today on an application by Duduzile Zuma-Sambudla to have the terrorism-related charges against her dismissed. She is presumed innocent, and has pleaded not guilty.
What the court must decide
Judgment was reserved after argument on the application, which was heard on Thursday 29 October. The defence asked the court to discharge her before it has to present its own case, a step provided for in section 174 of the Criminal Procedure Act, according to reports from court. Judge Mbuzeni Mathenjwa is presiding.
She is charged with incitement to commit terrorism and incitement to commit public violence over posts on X during the July 2021 unrest in KwaZulu-Natal and Gauteng. The State alleges she shared images and videos of violence captioned "Amandla" and "We See You". She has said it was simply a greeting.
The arguments
Her counsel, Advocate Dali Mpofu, argued that the State had not shown anyone was incited. "You cannot have incitement; you must have an inciter and an incitee," he told the court. He also said: "It's the most ridiculous thing."
The National Prosecuting Authority argued that there are reasonable grounds on which a court could convict her, pointing to her influence. It conceded that the law on offences committed through social media is still developing.
What happens next
If the application succeeds, the charges covered by it would fall away. If it fails, the trial would ordinarily move to the defence case. Either outcome can be appealed.
What we do not yet know
- The time at which judgment will be delivered.
- Whether the application covers all the charges or only some of them.
