'So many irregularities have been committed here,' advocate Dali Mpofu said on Wednesday.
Accusations of ambush tactics flew in the KwaZulu-Natal (KZN) High Court in Durban as tensions rose between the prosecution and defence in the terrorism trial of Umkhonto weSizwe (MK) party MP Duduzile Zuma-Sambudla.
Proceedings resumed on Wednesday with social media law expert Emma Sadleir continuing her testimony.
Zuma-Sambudla is charged with inciting terrorism and violence related to the July 2021 unrest, which left more than 300 people dead and caused extensive damage amounting to billions of rands across KwaZulu-Natal and Gauteng.
The state allege that Zuma-Sambudla, who has pleaded not guilty, used her X account to stoke violence and looting after her father former president Jacob Zuma was jailed for defying a Constitutional Court (ConCourt) order.
Zuma-Sambudla trial continues
Sadleir, who earlier testified that Zuma-Sambudla’s posts were circulated in WhatsApp groups coordinating the 2021 riots, told the court on Wednesday that the MK party MP began tweeting early on 9 July at around 7.30am – the morning the unrest broke out.
According to Sadleir, Zuma-Sambudla issued 27 tweets about the unfolding violence that day.
She highlighted one video posted by the accused depicting a burning car-carrier truck at the N3 Mooi River Toll Plaza, accompanied by the caption: “We see you! Amandla #FreeJacobZuma”.
“The video then pans over to the other side which shows more burning and people shouting,” Sadleir testified.
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Sadleir also read from a media report stating that protesters set alight 28 trucks on the N3, forcing the highway to close for four days and causing losses estimated at R2 billion.
The expert further described locating a screenshot – originally retrieved from media sources – of a deleted tweet containing a video of an individual firing shots at an ANC election poster of President Cyril Ramaphosa.
Sadleir revealed she used a reverse image search to find a clearer version of the screenshot, which resulted in her finding a screen recording while preparing for court on Monday.
Watch the trial below:
This prompted an objection from Zuma-Sambudla’s lawyer, advocate Dali Mpofu, who argued that introducing the screen recording was unfair, as the defence had never been informed of its existence, despite receiving the docket in March.
But state prosecutor Yuri Gangai countered that the defence should not be surprised since the screenshot had already formed part of the evidence.
He added that the screen recording “further elaborates what’s in the document”.
“We must bear in my mind that these tweets and these images and whatever we are talking about are from the account of the accused, which is in her possession,” Gangai said.
Defence accuses state of ambush
Judge Mbuzeni Mathenjwa, however, remarked that the defence should have been notified.
“If this contains evidence that was not brought to the attention of the defence then it will be irregular to proceed with that evidence,” he said.
Mpofu insisted that no video files had been included in the docket.
“There’s a difference between photograph evidence and video evidence. In fact that is even worse because it means we were given the impression that they will rely on a photograph. Now we are told about some methodology called reverse image search for the first time,” he argued.
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The judge asked both parties to make submissions on the admissibility of the screen recording.
While Gangai requested time to prepare, Mpofu rejected the suggestion.
“The state seems to be intent on wasting time in this matter or playing these kinds of tactics.”
Mpofu added that the defence was willing for the screen recording to be provisionally admitted as evidence “for the sake of progress”.
‘The whole case could turn on this video’
Raising concerns over Zuma-Sambudla’s constitutional rights, Mpofu said the handling of the evidence was deeply troubling.
“It’s improper to ambush her in this fashion. I want to emphasise that we are doing this because the accused is anxious for all this to be finalised.
“So many irregularities have been committed here. It’s not a trivial matter, my Lord. The whole case could turn on this video and it’s just sprung on us in the middle of the trial,” he said.
The trial continues.
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