Brookside Mall instigator found guilty of incitement during July riots

A former security guard at the Brookside Mall in Pietermaritzburg was found guilty of instigating unrest which led to it being torched during the July 2021 riots.

Mdumiseni Zuma, 36, pleaded not guilty to charges of contravening the Riotous Assemblies Act, including inciting public violence and arson.

He worked at the mall until relations allegedly soured with his employer, leading to him being axed.

The state alleged that on July 11 2021 Zuma had recorded a video at the mall which was shared widely on social media, fuelling looting and violence the next day when the mall was burned.

In his finding, magistrate Morne Cannon said he did not believe Zuma’s testimony claiming he shot the video as a prank when he was drunk on July 11. 

Although he pleaded not guilty, Zuma admitted to making the video and that he was the person speaking in the video.

He was acquitted of arson after Cannon said the third charge would have amounted to “duplication of the other two charges.”

The prosecution, led by senior advocate Yuri Gangai, called three witnesses. They were police captain Mlungisi Sibisi, department of justice court interpreter Khulekani Mzotha and former colleague Mayimane Shezi, who transcribed audio in a video from Zulu to English.

The audio could be loosely translated as: “Comrades as you sent me, I went to check at Brookside Mall. It closes at six today. You can see it's quiet when they close. If they are open, we are going to go at six in the morning to check if they are open.

“If they are opening, we are going to destroy here, but not only here. We going to shut down KZN. In Maritzburg we don’t want anything, we are closing. If they open here, we are going there.”

Shezi told court the accused was not a violent person.

The three witnesses concurred the video suggested to viewers the mall should be shut down.

“It's clear from their evidence that the literal meaning to be attached to the words used is that the building should be destroyed or damaged,” said Cannon.

He said Shezi's evidence was disputed to the extent that the accused did not say the mall should be set alight, as testified.

“All three witnesses testified that the impression they got from watching the video was that the Brookside Mall should be destroyed. Conversely, Zuma testified he did not intend for this video to result in destruction of the mall. He further testified he had consumed alcohol prior to taking the video and he meant a video as prank.”

The magistrate rejected the claims he had been intoxicated and meant the video as a prank.

The magistrate also found Zuma had been evasive and struggled to answer some questions which had been put to him during the trial.

Gangai told the regional court the accused has a previous conviction for theft which dates back to 2009.

Zuma paid a fine of R500 for the offence.

He will be sentenced on October 29. Before sentencing the state intends to bring two witnesses who will argue in aggravation.

National Prosecuting Authority regional spokesperson Natasha Ramkisson-Kara welcomed the judgment, saying this was the first instigator case close to finality.

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