Duduzile Zuma-Sambudla released on warning, will return to high court in March

Former president Jacob Zuma’s daughter and uMkhonto weSizwe (MK) party member Duduzile Zuma-Sambudla has been released on a warning.

Zuma-Sambudla appeared in the Durban Magistrate’s Court on Thursday.

The case has been transferred to the KwaZulu-Natal High Court in Durban, where she will appear on 20 March.

Her father Jacob Zuma was also in court to support his daughter.

The MK party leadership included secretary-general Floyd Shivambu and party provincial leader Willies Mchunu.

Duduzile Zuma-Sambudla gets bail

In his ruling, Magistrate Irfaan Khalil said there was nothing in the affidavit by the investigating officer that suggested there was any risk to Zuma-Sambudla being released on bail.

Khalil also said there are no reasons to place conditions for her release on bail and that exceptional circumstances do permit Zuma-Sambudla to be released on bail.

“For this offence, it should be something out of the ordinary or exceptional. I am also struck by the state, which has no objection to your release on bail.

“I have considered all of your favourable circumstances and the state not opposing bail. I believe there are exceptional circumstances,” Khalil said.

Charges

Zuma-Sambudla is facing charges under the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA) and incitement to commit violence.

Read all our riot coverage here.

State prosecutor Yuri Gangai said the state was not opposed to bail because Zuma-Sambudla has been cooperating with the investigations, and her employment and home address have been verified. This means she’s not a flight risk, he added.

He said they have taken certain precautionary measures to ensure she does not flee.

‘Politically motivated’

During court proceedings, Zuma-Sambudla’s lawyer Dali Mpofu read out her affidavit.

In it, she said she is pleading not guilty.

Zuma-Sambudla said while she hast not seen the complaint or summary of facts against her, she was aware of “rumours and innuendos” about messages that she sent from her social media account, mainly on the Twitter platform in connection with the “general uprising” which erupted in KwaZulu-Natal (KZN) and Gauteng in reaction to Zuma’s imprisonment in July 2021.

She said the charges against her are politically motivated.

“I also hold the strong view that the charges are malicious and politically motivated. They are aimed at settling political scores with my father by the current regime. Evidence in this regard will be led during the trial.”

Legal action

Zuma-Sambudla has threatened to take legal action for “malicious prosecution” against the National Prosecuting Authority for the 2021 July unrest case.

“I have instructed my legal representatives to pursue that action.”

She said there is no likelihood that she would endanger the public should she be released on bail.

“I have no previous convictions or pending cases against me. I respectfully state that there is no likelihood of endangering any public or being involved in any Schedule 1 case should I be released on bail. I will not make any contact with any state witnesses, nor have I intended to. In fact, I have no knowledge of the state witnesses.

“I was aggrieved by my father’s arrest. I have pleaded to abide by the bail condition. I am able to pay the amount of R3 000 for bail. This is in keeping with the amount that has been paid by people who have also been charged with the offence.”

Evidence

Later, Gangai read out an affidavit by the investigating officer who investigated the matter around the unrest.

In the affidavit, the officer said several social media posts were made calling for the release of the Zuma. It added that Zuma-Sambudla’s “published words” were likely to persuade and incite the unrest.

The investigating officer said they believe they have enough evidence to link Zuma-Sambudla with the charges she is facing.

‘Waste of time’

Mpofu argued that while the matter has been “professional, [and] the attitude of the [authorities] has been good”, Zuma-Sambudla is aggrieved by the prosecution.

“This whole thing is a waste of time.”

Mpofu stated that they have not received a docket and are only seeing compiled messages that were posted on X, formerly known as Twitter.

Magistrate Irfaan Khalil questioned the R3 000 bail suggestion by Mpofu, while prosecutor Yuri Gangai said he felt that amount was “absurd”. In the end, she was released on a warning.

This article was first published here.

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