Expert calls for cybercrime charges against Duduzile Zuma-Sambudla
Duduzile Zuma-Sambudla is currently on trial in the Durban High Court for her alleged instigation of the deadly 2021 unrest.
Image: Tumi Pakkies / Indepedent Media
Social media law expert Emma Sadleir says the State should have included a cybercrime charge against Duduzile Zuma-Sambudla.
The uMkhonto weSizwe Party MP is currently on trial in the Durban High Court for her alleged instigation of the 2021 civil unrest, which left over 350 people dead and severely damaged the KwaZulu-Natal economy.
Wrapping up her testimony on Wednesday, Sadleir told the court that the accused should have been charged under the Cybercrimes Act for using social media platforms to foment violence, which is forbidden under this new law.
She argued that although the new law was not in force during the 2021 unrest, as it became law in 2022, the accused also posted similar inciting-violence messages in 2023.
She further stated that after assessing all her tweets, she concluded that the accused indeed instigated violence and had a case to answer for.
"My Lord, my very clear understanding was that the tweets were a call for action to stir up violence. She also celebrated the SA that was on its knees. Her tweets instigated violence in collaboration with others committing similar acts. I recommended to the police four charges, which were incitement to terrorism, incitement to public violence, sedition, and the violation of the Cybercrimes Act," said Sadleir.
She, however, stated that the State could prefer charges against the accused under the Cybercrimes Act since it was not effective during the unrest.
Although she recommended four, the State charged her with two counts, which were incitement to terrorism and incitement to public violence.
Sadleir, an admitted attorney specialising in social media law, described herself as the go-to expert for issues pertaining to the social media issues.
Her consulting company's clientele includes senior advocates, magistrates, and judges, who rely on her expertise for social media cases, acknowledging this area to be new territory for many legal professionals.
She is currently under cross-examination by Zuma-Sambudla’s attorney, Advocate Dali Mpofu.
The trial continues.
willem.phungula@inl.co.za