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The case was postponed to 14 August for pre-trial proceedings.
uMkhonto weSizwe (MK) party MP Duduzile Zuma-Sambudla. Picture: Nigel Sibanda / The Citizen
uMkhonto weSizwe (MK) party MP Duduzile Zuma-Sambudla is not backing down in her bid to have her terrorism charges withdrawn.
On Thursday, Zuma-Sambudla appeared in the KwaZulu-Natal (KZN) High Court in Durban for the first time since her case was transferred from the Durban Magistrate’s Court.
The MK party MP had previously been released on warning after voluntarily surrendering to law enforcement on 30 January.
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Zuma-Sambudla faces charges under the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA), as well as incitement to commit violence, in connection with the July 2021 unrest.
She is accused of using social media to incite violence following the arrest of her father, former president Jacob Zuma, that year.
Zuma’s imprisonment triggered widespread protests and looting across KZN and Gauteng, resulting in 354 deaths and an estimated R50 billion in damages.
Duduzile Zuma-Sambudla’s legal battle continues
During Thursday’s court proceedings, it was revealed that Zuma-Sambudla had filed representations with KZN Director of Public Prosecutions (DPP), Elaine Zungu, seeking to have the charges dropped.
However, her request was denied.
Her legal representative, Advocate Dali Mpofu, told the court that they will now escalate the matter to National Director of Public Prosecutions (NDPP), Shamila Batohi, in a renewed attempt to have the charges withdrawn.
Mpofu also indicated that the defence will determine the next course of action based on the outcome of the application to the NDPP, which is expected next month.
The court postponed the case to 14 August for pre-trial proceedings, with the trial itself start set to in November.
NPA awaits Duduzile Zuma-Sambudla’s next move
Speaking outside the high court after the postponement, National Prosecuting Authority (NPA) national spokesperson Mthunzi Mhaga confirmed that the defence had not yet formally submitted their request to Batohi’s office.
“Once they do so, it will then be a matter that the NDPP will have to consider, depending on what they present before her.
“She will also have to get a report from the Director of Public Prosecutions, because in terms of the NPA Act, an NDPP may only review a decision to prosecute or not to prosecute after consulting the relevant DPP,” Mhaga said.
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When asked whether Batohi was likely to overturn Zungu’s decision, Mhaga stated that the NDPP would independently assess the matter.
“I don’t have a statistical account of matters that were reviewed by her where she disagreed with the DPP, but she has to make an independent, informed decision — obviously having examined what is presented to her by the defence and what the prosecution from the DPP’s office has submitted before making her own decision.
“She will have to take into account a number of factors, but that decision is hers and can only be reviewed through a judicial review by a court if they are not satisfied with her decision,” he explained.
State ready for trial
Mhaga also emphasised that the state is prepared to proceed to trial, as investigations have been completed.
“We have always been ready as the prosecution in the matter. We disclosed the contents of the police docket in order for them to prepare for trial.
“The only hurdle now is the issue of representations, which, in terms of the constitution and the NPA Act, is a right they are entitled to.
“Hopefully, by the 14th of August, all that will be on the roll so that the matter can proceed in November.
“We’re hoping that there won’t be any interlocutory obligation brought in that will frustrate the progression of the trial to finality,” he concluded.
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