Duduzile Zuma-Sambudla fights to avoid terrorism trial as court set to rule

Duduzile Zuma-Sambudla will make a high-stakes bid to avoid a terrorism trial as her legal team asks the KwaZulu-Natal (KZN) High Court to dismiss the case against her.

All eyes will be on the daughter of former president Jacob Zuma when she appears in court on Thursday.

The application is scheduled for argument at 2:00 pm.

Credibility

During the previous sitting, Advocate Dali Mpofu challenged the credibility of the investigating officer in Zuma-Sambudla’s terrorism trial, accusing him of adopting the complainant’s views without adequately questioning the circumstances surrounding the allegations against his client.

Mpofu, who represents the former MK party MP, put Colonel Bheki Nazo under pressure during cross-examination, questioning his initial conclusions and the extent to which he had independently investigated the case.

Nazo, a commander of the South African Police Service (Saps) KZN’s serious organised crime unit, is the investigating officer in the case against Zuma-Sambudla, who faces one count of incitement to commit terrorism and two counts of incitement to commit public violence.

Mpofu put it to Nazo, that the case is the result of a political plot to tarnish his client and her father.

‘Political game ‘

Zuma-Sambudla is accused of inciting the July 2021 unrest, but her defence challenges the credibility of a key State witness and argues the prosecution’s case should not proceed.

Nazo conceded that, from July 2021, he believed Zuma-Sambudla conspired with others to stoke the unrest and destabilise the country.

“It was just a political game to besmirch the accused and her father. No, it was not a political game. And it’s still not a political game. She posted what she posted. She encouraged what she encouraged. People died, properties were damaged. We are here,” he said.

Judgment

Earlier, Mpofu questioned the state’s decision-making after it initially said it would not call Nazo to testify, then reversed that position.

The lawyer suggested that the investigating officer’s evidence was “more helpful” to Zuma-Sambudla’s defence than to strengthening the prosecution’s case.

Judge Mbuzeni Mathenjwa is expected to hand down the ruling on the application on Thursday, or reserve judgment on the application to dismiss the case against her.

Charges

The charges against Zuma-Sambudla stem from the deadly July 2021 unrest that swept through KZN and Gauteng following the incarceration of her father, former president Jacob Zuma, for contempt of court.

The state alleges that social media posts by Zuma-Sambudla, who has pleaded not guilty, encouraged participation in the violence and contributed to its escalation.