61 ALLEGED INSTIGATORS OF THE JULY 2021 PUBLIC VIOLENCE APPEAR IN COURT

61 ALLEGED INSTIGATORS OF THE JULY 2021 PUBLIC VIOLENCE APPEAR IN COURT

Sixty one (61) alleged instigators charged in connection with the July 2021 unrest and public violence appeared in the Durban Magistrates’ Court today.

They face charges of conspiracy to commit public violence, incitement to commit public violence and incitement to commit arson.

The state advised the court of its intention to make an application to the National Director of Public Prosecutions, to charge the accused in terms of the Protection of Constitutional Democracy Against Terrorism and Related Act (POCDATARA).

The National Prosecuting Authority (NPA) in KwaZulu-Natal intends to add terrorism as a fourth charge against 61 people who allegedly instigated the violence that swept through KwaZulu-Natal and some parts of Gauteng during the civil unrest in July last year.

The accused appeared in the Durban Magistrate’s Court.

The violence was said to have been sparked by the imprisonment of former President Jacob Zuma who defied a court order to appear before the Zondo Commission of Inquiry into Allegations of State Capture.

The week-long riots resulted in the death of more than 300 people. The cost of the destruction of property was estimated to be R50 billion. Private and state properties were looted and damaged.

A year and a half later, 61 people are in the dock. They face charges of conspiracy to commit public violence, incitement to public violence, and arson. Most of the accused are from KwaZulu-Natal, others from Gauteng and the Free State.

Their legal representatives ranging from private attorneys to legal aid representatives together took on the state. They opposed the state’s proposal for an adjournment for further investigation.

The majority of the legal representatives told the court that the adjournment would infringe on the rights of the accused to a speedy trial and would result in unreasonable delays in the matter.

Lawyers for the accused also raised the financial implications of the delay for their clients.

The matter was adjourned to 12 May 2023 for further investigations.

The accused remain out on bail/warning, with the following conditions:

  • not to post any information regarding the case on social media,
  • to inform the investigating officer should they wish to leave KZN and,
  • to inform the investigating officer should they change their residential address and or their contact number.

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