During their first high court appearance for the July 2021 public violence in KwaZulu-Natal, the accused individuals made a statement by wearing the regalia and colours of former president Jacob Zuma’s new Umkhonto weSizwe (MK) Party.
This marked a shift from their previous appearance, where ANC regalia dominated. The 65 men and women facing charges of terrorism, sedition, public violence, and conspiracy to commit murder made it evident that their political loyalties now lie with Zuma.
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The state’s indictment, which includes a summary of substantial facts, alleges that these individuals, along with other supporters of Zuma, were disgruntled by the Constitutional Court’s decision to sentence him to 15 months in jail for refusing to appear before the Zondo commission of inquiry into state capture.
They publicly campaigned against his imprisonment through social media and gatherings, and several WhatsApp groups were created to organize and coordinate violent incidents and looting, primarily in KwaZulu-Natal.
The indictment further states that these groups, such as “Free Zuma Co-ordinator,” “eThekwini Shutdown” focusing on the city centre, and “Ink Shutdown” focusing on Inanda, Ntuzuma, and KwaMashu, were used as communication tools for planning, inciting, and executing acts of terrorism.
The accused individuals joined and participated in these groups, resulting in violence, looting, loss of life, damage to infrastructure, destruction of businesses, and disruptions to supply chains.
The state has charged all the accused individuals with eight charges, alleging their guilt through common purpose. The recent court hearing, which was expected to be brief, took several hours to address the logistical challenges of accommodating the largest number of accused individuals the city has ever seen.
The hearing took place in the largest available courtroom in the Durban magistrate’s court building, as the high court is temporarily relocated during the refurbishment of the city centre building.
The majority of the accused had to sit in the public gallery, with designated places according to their indictment references. Their legal representatives occupied the first row of the gallery.
Due to limited space, only four representatives of the media were allowed in the courtroom. Each legal representative formally introduced themselves for the relevant accused individuals.
Two accused were absent, with one submitting a medical certificate and another resulting in a warrant of arrest being issued.
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Two individuals had no legal representation, and the judge ordered them to return to court with their lawyers on February 13, emphasising that any delays would prejudice the other accused and likely provoke their anger.
The rest of the accused individuals, who are currently on bail, were instructed to appear for a pretrial conference on April 8. The state advocate confirmed that statements would be handed over to the defence before this date.
