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The Digital Incitement and the Trial of a Former President's Daughter

Monday, 10 November 2025 14:55

Summary

The trial of Duduzile Zuma-Sambudla, daughter of former South African President Jacob Zuma and a sitting Member of Parliament, has commenced in the Durban High Court, marking a critical legal test for online speech and incitement in the country. She faces charges of incitement to commit terrorism and public violence, stemming from her social media activity during the devastating July 2021 unrest that followed her father's imprisonment for contempt of court. That week of anarchy, which gripped the provinces of KwaZulu-Natal and Gauteng, resulted in the deaths of over 350 people and caused an estimated R50 billion in economic damage. The prosecution alleges her posts, including videos of looting captioned 'We see you,' were a deliberate attempt to encourage and coordinate the violence. Ms Zuma-Sambudla has pleaded not guilty, with her defence team arguing the case is a politically motivated attempt to settle scores with her father, who now leads the opposition uMkhonto weSizwe party.

The Spark of the July Unrest

The roots of the high-profile trial lie in a week of unprecedented civil unrest that swept across South Africa in July 202111,18. The violence, which became the deadliest episode of domestic unrest since the end of apartheid in 1994, was initially sparked by the jailing of former President Jacob Zuma9,10,11,23. Mr Zuma, who served as president from 2009 to 2018, was sentenced to 15 months in prison for contempt of court9,11,12,19. His conviction came after he refused to comply with a court order to appear before the Zondo Commission, a judicial inquiry investigating widespread allegations of corruption, often referred to as 'state capture,' during his tenure2,10,11,12,20. On 7 July 2021, Mr Zuma handed himself over to police to begin serving his sentence at the Estcourt Correctional Centre11,17. This act of incarceration immediately triggered violent protests by his staunch supporters, first in his home province of KwaZulu-Natal, before quickly spreading to Gauteng, the country's economic heartland that includes Johannesburg2,10,11,19,20. The protests rapidly morphed into widespread looting, arson, and destruction of property, with criminal elements taking advantage of the chaos6,11,12,17. The government at the time described the violence as an attempted insurrection and 'economic sabotage' orchestrated to undermine the administration of President Cyril Ramaphosa10,17. The unrest was also fuelled by deep-seated issues of economic inequality, high unemployment, and poverty, which had been exacerbated by the COVID-19 pandemic11,16,17.

A Nation's Devastation and the Human Cost

The scale of the destruction wrought by the July 2021 riots was immense, leaving a profound scar on the nation's economy and social fabric14,15. The official death toll from the unrest exceeded 350 people, with some reports citing 354 fatalities across the two affected provinces4,6,9,13,15,16,18. The vast majority of the deaths occurred in KwaZulu-Natal18. Initial estimates suggested the financial damage to the national economy was approximately R50 billion, which equated to between $2.9 billion and $3.4 billion at the time6,11,13,15,16,21,22,23. This economic devastation resulted from the widespread looting and burning of businesses, warehouses, and factories17,18. Over 3,000 stores were looted, and 161 malls were damaged countrywide18. The unrest placed an estimated 150,000 jobs at risk in KwaZulu-Natal alone, with thousands of businesses affected across both provinces11,14. The chaos also had a direct impact on public health, with the closure of over 90 pharmacies and the loss of approximately 25,000 vaccine doses during the height of the COVID-19 pandemic18. The government's response was heavily criticised for being sluggish and unprepared, eventually necessitating the deployment of 25,000 members of the South African National Defence Force, the largest such deployment since the end of apartheid10,12,17.

The Digital Fingerprint of Incitement

The prosecution of Duduzile Zuma-Sambudla centres on the allegation that she used her substantial social media presence to act as a digital catalyst for the escalating violence8,14,23. The state alleges that between 29 June and 20 July 2021, Ms Zuma-Sambudla unlawfully and intentionally incited others to commit acts of terrorism and public violence through posts on her X account, formerly known as Twitter3,7,8,14. She is accused of sharing video clips and images of the looting and destruction, often accompanied by provocative captions3,8,14. One of the most cited examples of the alleged incitement is the phrase 'We see you,' which prosecutors argue was a direct message of encouragement and coordination to the rioters3,8,10,14. The charges against her are brought under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, which criminalises the incitement to commit terrorism3,5,7,8,23. The case is considered a landmark prosecution, as it is believed to be the first time in South Africa that terrorism-related charges are being pursued based on social media posts9,14. The National Prosecuting Authority (NPA) has stated that its case will rely heavily on digital evidence and the testimony of social media experts, three of whom are expected to be called as witnesses2,13,14. The NPA has defended the four-year delay in bringing the matter to trial, citing the complexity of social media forensics and the need to carefully verify every piece of digital evidence14.

The Defence of Political Persecution

Duduzile Zuma-Sambudla, who is a Member of Parliament for the uMkhonto weSizwe (MK) party, formally pleaded not guilty to all three charges at the commencement of her trial in the Durban High Court2,5,6,10. Her defence team, led by the prominent Advocate Dali Mpofu SC, has mounted a vigorous challenge to the state's case2,3,4. The core of the defence's argument is that the prosecution is politically motivated, a deliberate attempt by the current regime to 'settle political scores' with her father, Jacob Zuma2,4,5,7,23. In an affidavit read out during her bail hearing, Ms Zuma-Sambudla acknowledged sending 'some messages' during the unrest but maintained that they had been 'misconstrued'2. The defence contends that her posts were merely an observation of the widespread frustration and poverty in the country, intended as a show of solidarity with citizens, rather than an act of incitement3,13. The Jacob Zuma Foundation has echoed this sentiment, claiming it is dangerous to criminalise liberation-era slogans like 'Amandla' and 'Azishe,' which they argue were part of her commentary13. Ms Zuma-Sambudla has adopted a defiant public posture, notably appearing at a preliminary hearing wearing a T-shirt emblazoned with the words 'Modern Day Terrorist,' a satirical retort to the charges against her9,14. Her father, Jacob Zuma, who now leads the MK party, was present in the Durban High Court alongside other senior party leaders to show his support for his daughter5,6,14,21,22.

A Test for South Africa's Rule of Law

The trial of Duduzile Zuma-Sambudla represents a crucial moment for South Africa's post-apartheid legal and political institutions8,14. The case is not simply about the actions of one individual but is a significant test of the state's ability to prosecute those responsible for the 2021 unrest, which President Ramaphosa's administration characterised as an attempted insurrection10,17,23. The prosecution is one of more than 60 cases brought against alleged instigators of the riots, but it is the highest-profile case by far10,14. The outcome will set a clear precedent for how South African law treats online speech and whether social media platforms can be held accountable as instruments of real-world violence8,14. The trial also highlights the deep factional divisions within the ruling African National Congress (ANC) and the enduring political influence of Jacob Zuma, whose MK party has become a major disruptor in the national political landscape6,12,22,23. The state prosecutor, Advocate Yuri Gangai, has asserted that the charges are not politically motivated, noting that a team of over twelve senior state prosecutors was involved in the decision to charge Ms Zuma-Sambudla14. The proceedings, which are scheduled to run for two weeks, will scrutinise the fine line between political commentary and criminal incitement, a distinction that will ultimately be determined by the Durban High Court7,14.

Conclusion

The Durban High Court proceedings against Duduzile Zuma-Sambudla have placed the intersection of political power, social media, and the rule of law under intense scrutiny. The state is attempting to prove that a series of digital posts crossed the threshold from political dissent into criminal incitement, directly contributing to the worst civil unrest the country has seen in decades9,14,23. The defence, meanwhile, is framing the entire process as a political vendetta against the Zuma family, leveraging the deep-seated political rivalries that continue to define South African politics2,7,23. Regardless of the verdict, the trial has already established a critical legal precedent by testing the application of terrorism and public violence laws to online communication8,9,14. The judgment will not only determine the fate of a prominent political figure but will also send a powerful signal about the limits of free speech and the accountability for digital actions that spill over into real-world chaos and destruction14. The legacy of the July 2021 unrest, with its hundreds of fatalities and billions in economic losses, ensures that the court’s decision will resonate far beyond the courtroom, shaping the future of political discourse and stability in South Africa13,15,16.

References

  1. Duduzile Zuma-Sambudla pleads not guilty as trial over July 2021 unrest begins

    Supports details on the trial start date, location, not guilty plea, charges (incitement to terrorism and public violence), the role of social media posts, the expected duration, the number of witnesses, the context of Jacob Zuma's jailing, the death toll, and the defence's claim of political scores.

  2. SA former President's daughter back in court over unrest charges - Channel Africa

    Provides specific details on the three charges (incitement to commit terrorism, two counts of incitement to commit public violence), the legal act (Terrorism Act), the prosecution's argument about posts like 'We see you' and the defence's counter-argument of observation and solidarity.

  3. Zuma-Sambudla pleads not guilty to inciting violence and terrorism charges - EWN

    Confirms the not guilty plea, the charges, the context of Jacob Zuma's imprisonment, the death toll (more than 300), and the defence's claim of malicious prosecution.

  4. Zuma-Sambudla pleads not guilty to terrorism act charges - SABC News

    Verifies the not guilty plea, the three charges under the Terrorism Act, the role of social media posts, and the presence of Jacob Zuma and MK party leaders in court.

  5. Zuma's daughter pleads not guilty over deadly South African riots as trial begins

    Confirms the not guilty plea, the death toll (more than 300), the estimated financial damage (50 billion rand), the context of Zuma's arrest, and the political support from the MK party.

  6. Duduzile Zuma-Sambudla is charged with unrest and appears before the Durban High Court - The Star

    Details the three specific counts, including incitement to commit terrorism, incitement to commit violence, and violation of the Riotous Assemblies Act, and the Jacob Zuma Foundation's claim of abuse of state power.

  7. Duduzile Zuma Faces Court over July 2021 Unrest Charges - NovaNews

    Highlights the significance of the trial as a test for social media-driven incitement, the specific period of the alleged incitement (29 June and 17 July 2021), and the prosecution's focus on posts like 'We see you' as a digital catalyst.

  8. Jacob Zuma's daughter goes on trial over deadly South African riots - The Guardian

    Confirms the trial start, the charges, the context of Zuma's jailing for contempt of court, the death toll (more than 350), the description of the unrest as the worst since apartheid, and the detail about her 'Modern Day Terrorist' T-shirt.

  9. Daughter of ex-South Africa president Zuma faces trial over deadly riots. Here's what to know - Times Union

    Provides the death toll (over 350), the description of the riots as the deadliest since apartheid, the context of Zuma's jailing for defying the corruption inquiry, the 'We see you' post, and the government's description of the violence as an attempted insurrection.

  10. 2021 South African unrest - Wikipedia

    Offers comprehensive background on the 2021 unrest, including the dates (9 to 18 July 2021), the provinces affected (KwaZulu-Natal and Gauteng), the cause (Zuma's imprisonment for contempt of court), the death toll (354), and the economic damage estimates (R50 billion / $3.4 billion).

  11. The Effect of Zuma's Imprisonment on South Africa's Institutions and Rule of Law

    Provides context on Zuma's 15-month sentence for contempt of court, the role of the Zondo Commission, the political factionalism within the ANC, and the deployment of 25,000 military members.

  12. Duduzile Zuma-Sambudla pleads not guilty in July unrest trial - Scrolla.Africa

    Confirms the death toll (354) and economic damage (R50 billion), the reliance on digital evidence and social media experts, and the Jacob Zuma Foundation's argument about the political nature of the case and the use of liberation slogans like 'Amandla' and 'Azishe'.

  13. Dudu Zuma finally heads to court over 2021 July unrest - Explain

    Emphasises the landmark nature of the trial, the specific posts ('We see you'), the death toll (over 350), the economic losses (billions), the reason for the delay (complex social media forensics), the involvement of 12 senior prosecutors, and the significance of the outcome for online speech.

  14. July 2021 unrest has cost the economy R50 billion: Commission - SABC News

    Confirms the R50 billion economic cost and the death toll (more than 350) from the unrest.

  15. Expert Panel Report On 2021 South Africa Riots Reveals It Cost The Economy $3.2 Billion

    Cites the expert panel report confirming the death toll (over 300) and the economic cost (R50 billion / $3.2 billion).

  16. Deaths Rise And Supplies Dwindle Amid Rioting In South Africa

    Provides context on the cause (Zuma's jailing for contempt of court), the affected provinces, the nature of the destruction (looting, burning), the government's description of the violence as pre-planned insurrection and economic sabotage, and the deployment of 25,000 soldiers.

  17. The July 2021 Protests and Socio-political Unrest in South Africa - ACCORD

    Details the death toll (337 as of 22 July 2021), the number of arrests (over 3,400), the extent of the damage (3,000 stores looted, 161 malls damaged), and the impact on public health (loss of vaccine doses and closure of pharmacies).

  18. South Africa faces rioting over jailing of ex-leader Zuma | AP News

    Confirms the start of the rioting in KwaZulu-Natal and its spread to Gauteng, and the context of Zuma's jailing for defying the corruption inquiry.

  19. S Africa violence spreads after Jacob Zuma jailed - Al Jazeera

    Confirms the spread of violence from KwaZulu-Natal to Gauteng and the context of Zuma's jailing for defying the corruption inquiry.

  20. Zuma's daughter pleads not guilty over deadly South African riots as trial begins

    Confirms the not guilty plea, the death toll (more than 300), the economic damage (50 billion rand), and the presence of Jacob Zuma and MK party leaders in court.

  21. Zuma's daughter pleads not guilty over deadly South African riots as trial begins

    Confirms the not guilty plea, the death toll (more than 300), the economic damage (R50 billion), and the political context of the MK party.

  22. Jacob Zuma's daughter on trial over deadly South African riots - Nairobi Law Monthly

    Confirms the trial, the charges (incitement to commit terrorism and public violence), the death toll (at least 300), the economic damage ($2.8bn), the role of social media posts, and the defence's claim of political score-settling.