Former uMkhonto weSizwe (MK) Party MP Duduzile Zuma-Sambudla has suffered a legal setback after the KwaZulu-Natal High Court in Durban dismissed her application to have criminal charges relating to the deadly July 2021 unrest dropped.
Judge Mbuzeni Mathenjwa delivered the ruling on Friday, 6 November, rejecting an application brought by Zuma-Sambudla’s defence in terms of Section 174 of the Criminal Procedure Act. The section allows an accused person to apply for a discharge at the close of the State’s case if there is insufficient evidence to warrant continuing with the trial.
Zuma-Sambudla faces three charges: one count of incitement to commit terrorism and two counts of incitement to commit public violence.
The charges relate to social media posts published between 7 and 17 July 2021, during widespread looting and violence in KwaZulu-Natal and Gauteng following the imprisonment of her father, former president and MK Party leader Jacob Zuma.
The State alleges that her posts, including the widely discussed phrases “We see you” and “Amandla”, encouraged or incited people to participate in the unrest. The violence claimed more than 350 lives and caused billions of rands in economic damage.
Her defence, led by advocate Dali Mpofu, argued that the prosecution had failed to establish a sufficient case against her. Mpofu questioned whether the social media posts amounted to unlawful incitement and argued that his client was being targeted because of her surname.
However, Judge Mathenjwa ruled that the evidence needed to be assessed as a whole at the end of the trial, rather than at the halfway stage. The State had presented evidence from seven witnesses, including investigators and language translators.
KwaZulu-Natal National Prosecuting Authority spokesperson Natasha Ramkisson-Kara confirmed that the court had ruled in the State’s favour.
“The ruling in the State’s favour obviously means that the State’s charges against the accused are valid,” she said, explaining that the matter would continue.
Zuma-Sambudla, who pleaded not guilty when her trial began in November 2025, remains out on warning.
The NPA confirmed that the matter has been postponed to 17 May 2027, when the prosecution and defence are expected to present further legal arguments.
