July riots instigators ditch ANC regalia for MK Party gear in court appearance

Many of the alleged instigators of the July 2021 public violence in KwaZulu-Natal showed up for their first high court appearance wearing the regalia and colours of former president Jacob Zuma’s new Umkhonto weSizwe (MK) Party.

At their last appearance in November, ANC regalia dominated. 

But on Monday, in the Durban high court, the 65 men and women accused of terrorism, sedition, public violence and conspiracy to commit murder, which was said to be in protest of Zuma’s incarceration for contempt of court, made it clear where their political loyalties now lay.

In the summary of substantial facts, attached to the indictment, the state alleges Zuma’s supporters, including the accused, were disgruntled by the Constitutional Court’s decision to jail him for 15 months for refusing to appear before the Zondo commission of inquiry into state capture.

They had publicly campaigned against his imprisonment through social media and at gatherings.

To this end, several WhatsApp groups were created with the intention of organising, planning, inciting and co-ordinating violent incidents and looting that occurred, mainly in KwaZulu-Natal.

This, the indictment alleges, was to put pressure on the authorities to release Zuma.

Among the WhatsApp groups were “Free Zuma Co-ordinator”, “eThekwini Shutdown” — focusing on the city centre — and “Ink Shutdown” focusing on Inanda, Ntuzuma and KwaMashu.

“The accused joined and participated in these groups. They were used as a communication tool for planning, inciting and executing activities including roadblocks, arson, attacks on the judiciary, infrastructure and the economy, thereby engaging in acts of terrorism,” the indictment reads.

Their incitement resulted in violence, looting, loss of life, damage to infrastructure, destruction of businesses and supply chains in and out of the province.

The indictment details eight charges which, the state alleges, all the accused are guilty of through common purpose.

Tuesday’s hearing should have been brief. But it took several hours for court officials to deal with the logistics of what is, in terms of the number of accused, the biggest trial the city has ever seen.

The hearing took place in the largest courtroom available in the Durban magistrate's court building, where the high court has been temporarily relocated while the city centre building is being refurbished.

The majority of the accused had to sit in the public gallery in places allocated according to the number referenced in the indictment. Their legal representatives sat in the first row of the public gallery.

Only four representatives of the media were allowed in court, a decision taken apparently because of the lack of space.

Each legal representative put themselves on record for the relevant accused. 

Two accused were absent. One submitted a medical certificate. Judge Sharmaine Balton issued a warrant of arrest for one.

Another two had no legal representation and Balton ordered they return to court on February 13 with their lawyers. She said if this stalled the matter, the other accused would be prejudiced, and no doubt angry.

The rest, who are all on bail, were warned to appear again on April 8 for a pretrial conference.

State advocate Mahen Naidu confirmed statements would have been handed over to the defence before then.

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