Duduzile Zuma-Sambudla Trial Commences on Terror-Related Incitement Charges
Duduzile Zuma-Sambudla, the 43-year-old daughter of former South African President Jacob Zuma, is scheduled to stand trial this week on charges related to terrorism. This marks a significant legal proceeding in South Africa, believed to be the first of its kind, where an individual faces prosecution for social media posts made during the July 2021 unrest.
Background of the Charges
Former President Jacob Zuma's nine-year presidency concluded in 2018 amidst multiple corruption allegations, which he has consistently denied. In 2021, his incarceration for contempt of court, after failing to appear at a corruption inquiry, initiated widespread protests. These protests escalated into significant violence across KwaZulu-Natal and Gauteng provinces, involving looting and arson. The unrest resulted in approximately 300 fatalities and an estimated $2.8 billion in damages.
Prosecutors allege that Ms. Zuma-Sambudla played a role in instigating these events. She is accused of incitement to commit terrorism under the Protection of Constitutional Democracy against Terrorist and Related Activities Act, and incitement to commit public violence. Ms. Zuma-Sambudla has denied all charges, with her legal representation stating the state's case is "weak." During a preliminary hearing, she wore a shirt emblazoned with "Modern Day Terrorist."
Allegations Regarding Social Media Activity
The state's case centers on several dozen posts made by Ms. Zuma-Sambudla on Twitter (now X) in July 2021.
These include:
- Sharing a video of a vehicle transporter on fire at Mooi Plaza, a tollgate in KwaZulu-Natal, accompanied by the hashtag #FreeJacobZuma and the phrase "Mooi Plaza…We See You!!! Amandla" (Amandla means power in Zulu).
- Posting an image of a call to "shut down" KwaZulu-Natal, including "roads, factories, shops [and] government," until the former president's release, along with the Zulu word "azishe," which translates literally to "let it burn" but can also mean "let it start" or "let it proceed" in slang.
Prosecutors contend these posts allegedly incited her social media followers, numbering around 100,000 at the time, to continue with the unrest.
Ms. Zuma-Sambudla's Political Profile and Background
Ms. Zuma-Sambudla was born and raised in Mozambique, where her father lived in exile. She is one of Jacob Zuma's children with his third wife, Kate Mantsho, who passed away in 2000. Her twin brother, Duduzane, previously gained media attention due to his association with the Gupta family, who were central to the corruption allegations during her father's presidency.
After her separation from her husband in 2017, Ms. Zuma-Sambudla's public profile increased as she appeared more frequently alongside her father at public and political events. She has since become a prominent supporter of her father, particularly after he joined the uMkhonto weSizwe (MK) party, and was elected as a Member of Parliament in the recent general election. She also holds a position in the African Union's Pan-African Parliament.
Beyond the 2021 social media posts, Ms. Zuma-Sambudla uses her online platforms to share aspects of her personal life, including her fitness routine, and engage in political commentary.
Expert Commentary and Trial Challenges
Willem Els, an analyst from the Institute for Security Studies, described the case as "very highly politicised with a strong public interest" due to Ms. Zuma-Sambudla's public profile. Professor Bheki Mngomezulu, a political science academic, suggested the case might be politically motivated, stating, "If she wasn't the daughter of the former president, chances are these charges would have been dropped a long time ago." Both experts have also raised questions regarding the nearly four-year delay in bringing charges.
Her arrest was confirmed by the Hawks, South Africa's Directorate for Priority Crime Investigation, in January of this year. Mr. Els noted the low number of convictions in other unrest-related cases, which has led to questions about potential selectivity in prosecution. The South African Human Rights Commission reported earlier this year that 66 potential cases are with the National Prosecuting Authority (NPA), but face challenges such as a lack of evidence and witness reluctance due to fears of reprisal.
For the Zuma-Sambudla case, prosecutors face a "high evidentiary bar," requiring proof of intent and direct causation that her posts incited terrorism, rather than merely representing commentary or protest. Legal experts highlight that there have been few successful prosecutions under the relevant legislation, and this marks the first time someone in South Africa has been specifically charged with incitement of terrorism via social media.
NPA spokesperson Mthunzi Mhaga acknowledged in January that the case is "complex in nature," requiring external social media experts. The MK party has characterized the charges against Ms. Zuma-Sambudla as "trumped up" and a "political ploy," dismissing them as persecution.