'Sphithiphithi Evaluator' — alleged instigator of the July unrest — plans to sue after her case is thrown out of court

The Germiston woman alleged to be behind the infamous Twitter account @African Soil — Sphithiphithi Evaluator — which police claimed was used to instigate the July 2021 unrest, on Wednesday announced that she was suing the state after the case against her was struck off the court roll. 

In a statement, Zamaswazi Zinhle Majozi’s lawyers detailed how the case had been struck off the roll at the Germiston magistrate's court after several postponements since her arrest in August 2021. 

Majozi's lawyers from Thaga Attorney Inc said after marking the last postponement as final, the magistrate on Wednesday refused to heed to the state's call for yet another postponement. The state had reportedly wanted the case postponed because the National Prosecuting Authority official who was assigned the matter was absent due to bereavement.

After the latest developments, Thaga Attorneys said “It is ... the view of our client that the members of the SAPS did not have to arrest ... but needed to investigate to make arrest,” their statement read.

They alleged that the police and Hawks unit had “abused their power”. 

“We also took note of the irresponsible comments by the minister of police, Bheki Cele, before the human rights commission investigating the July unrest. Mr Cele continued to mention our client in all media platforms unfairly and without giving substantial evidence,” the law firm said. 

Cele had appeared before the commission where he listed the strides that police had made in arresting those behind the unrest which erupted after former president Jacob Zuma's incarceration. He named Sphithiphiti Evaluator as one of those with pending cases.

“These individuals were still before court to prove their innocence and had not been convicted therefore the actions of the minister were completely unacceptable and unprofessional,” said Thaga Attorneys.

“The minister caused severe reputational damage to our client. His comments were reckless and irresponsible, which appeared to be a certain level of obsession with our client. Our client suffered severe financial loss and trauma during the last seven months. Her reputation in society has also been affected and that unfortunately can never be undone,” her lawyers continued.

“It is our view that the matter concerning our client could have been handled better and in a professional manner. In conclusion, our client reiterates that she will proceed with legal proceedings to sue the state for unlawful arrest, malicious prosecution, and tarnishing of her image in society. She will also take legal action to any other person(s) who caused reputational damage with regards to this case. It is our instruction to make no further comments nor take any interviews regarding this matter. Our client’s rights remain strictly reserved.”

When Majozi, the mother of two, was arrested, Hawks spokesperson Katlego Mogale said she was arrested for inciting public violence using her Twitter account, which has 67,900 followers. At the time, the police could not say which tweets were under scrutiny.

Sowetan reported that all her tweets before August 15 had been deleted from her account. 

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