Duduzile Zuma-Sambudla Loses Bid To Have July 2021 Unrest Charges Dropped

Former MK Party MP Duduzile Zuma-Sambudla has suffered a legal setback after the KwaZulu-Natal High Court in Durban dismissed her application to have the criminal charges against her dropped.

Judge Mbuzeni Mathenjwa delivered the ruling on Friday, 6 November 2026, rejecting the defence's application for a discharge under Section 174 of the Criminal Procedure Act.

The court had heard arguments from both the prosecution and the defence before reserving judgment on 29 October.

State’s case against Zuma-Sambudla to continue

The application followed the conclusion of the State’s case, during which prosecutors called several witnesses.

Under Section 174 of the Criminal Procedure Act, an accused person may apply for a discharge at the close of the prosecution’s case if the court finds there is no evidence on which a reasonable court could convict.

The National Prosecuting Authority’s KwaZulu-Natal regional spokesperson, Natasha Ramkisson-Kara, confirmed that the application had been dismissed and that the matter would proceed.

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Speaking outside court, she explained that the defence had sought to persuade the court that the State had failed to establish a prima facie case against Zuma-Sambudla.

“The ruling in the state’s favour obviously means that the state’s charges against the accused are valid,” Ramkisson-Kara told journalists.

“So now that means the case must continue,” she added.

The matter has been postponed to 17 May 2027, when the prosecution and defence will present legal arguments.

Charges stem from July 2021 unrest

Zuma-Sambudla, who has pleaded not guilty, faces one count of incitement to commit terrorism and two counts of incitement to commit public violence.

The charges relate to the deadly July 2021 unrest in KwaZulu-Natal and Gauteng, which followed the imprisonment of her father, former president Jacob Zuma, for contempt of court.

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The prosecution alleges that Zuma-Sambudla used her social media platforms to amplify messages and images connected to the violence, allegedly encouraging further participation in the unrest.

Among the posts cited by the State were repeated references to the phrases “we see you” and “Amandla”.

Previous attempts to have charges withdrawn unsuccessful

Before approaching the High Court for a Section 174 discharge, Zuma-Sambudla had submitted representations to KwaZulu-Natal Director of Public Prosecutions Elaine Zungu, asking for the charges to be withdrawn.

That request was rejected.

She subsequently escalated the matter to former National Director of Public Prosecutions Shamila Batohi, but that attempt was also unsuccessful.

With the latest ruling, the criminal proceedings will continue. Zuma-Sambudla remains presumed innocent and is entitled to have the charges against her determined at trial.