July 2021 unrest trial delayed again as Legal Aid issues persist

A Cotton Lands woman is among the 62 accused whose July 2021 unrest trial was postponed again in the Durban High Court on Monday because of ongoing Legal Aid delays.

Zanele Bhengu (42), of Cotton Lands near Mount Moreland is one of the 65 people originally charged, three of whom have since died. The accused face charges of instigating the riots that devastated towns across KwaZulu-Natal and in Gauteng.

During proceedings, one of the accused allegedly made a throat-slitting gesture at this reporter. The matter was reported to the prosecutor.

Many of the accused wore MK Party regalia, including T-shirts bearing the faces of former president Jacob Zuma and Russian President Vladimir Putin.

The trial was set down from July 20 to September 18, 2026, but could not begin after the court was informed that 12 accused were without legal representation following the withdrawal of their attorneys. On Monday, the court heard that several of them were still without representation, mainly because they had not submitted the required documentation. 

Judge Nompumelelo Radebe gave them until August 11 to submit the outstanding documents before adjourning the matter to August 17.

All 62 accused remain on bail while facing charges of terrorism, sedition, incitement to commit public violence, public violence and conspiracy to murder former Chief Justice Raymond Zondo.

The charges stem from the July 2021 unrest that followed the Constitutional Court’s June 2021 order sentencing former president Jacob Zuma to 15 months’ imprisonment for contempt of court after he defied the State Capture Commission, chaired by Zondo.

The State alleges that Zuma supporters created and used three WhatsApp groups to organise, coordinate and incite violence to pressure authorities into releasing the former president.

According to the indictment, the groups were used to coordinate road blockades, arson, attacks on the judiciary, critical infrastructure and the economy, as well as widespread looting and disruption. The accused allegedly acted in concert with others, known and unknown to the State, under the doctrine of common purpose.

The July 2021 unrest claimed 354 lives and caused an estimated R50 billion in economic damage, particularly in KwaZulu-Natal and Gauteng.

“The intimidation of journalists, such as what is reported here, is a grave concern in South Africa. The South African National Editors’ Forum (SANEF) continuously places this matter in the spotlight, and it is a direct attack on the right to freedom of expression that should not be left unaddressed,” said media law attorney Helene Viljoen, who advised that the matter could be reported to the relevant authorities.