WHEELS OF JUSTICE: WhatsApp, terror and Zondo — July 2021 unrest accused finally face trial

On Monday, 20 July, Gods Surprise Ntuli (48) is set to lead a group of 62 people accused of terrorism and insurrection over eight bloody days in July 2021 into the dock of the KwaZulu-Natal High Court in Durban. All the accused — bar one who lives in Tumahole in the Free State — are from KZN or the East Rand.They face charges that include terrorism, sedition and conspiracy to murder Judge Raymond Zondo. Zondo’s name and home address were shared on WhatsApp groups after Jacob Zuma was sentenced to 15 months in jail in June 2021 for contempt when he defied an order to attend the State Capture inquiry. Zuma was jailed for less than two months and released on a dodgy medical parole decision that was later overturned in court. But President Cyril Ramaphosa then passed a “special remission” in August 2023 to prevent prison overcrowding, from which the former head of state (capture) benefited.It is almost five years to the day since South Africa was taken to the edge of the abyss when the alleged perpetrators organised themselves on three WhatsApp groups. To protest against Zuma’s jailing, they allegedly prosecuted a campaign of violence and looting in which 354 people died, most in KwaZulu-Natal and 90 in Gauteng. The economy was battered as businesses were looted and burnt, and estimates of the damage vary from R40-billion to R50-billion. A business ablaze during the widespread looting and riots in Durban on 12 July 2021. (Photo: Stringer / EPA-EFE) The Hawks, with the National Prosecuting Authority, initially charged 65 people with being the ringleaders, using WhatsApp to incite violence. Three have since died.Until now, accountability for the 2021 unrest has been limited to minor prosecutions, such as the three-year prison sentence handed to “Woolies looter” Mbuso Moloi in July 2023. This marks the first major judicial effort to address what President Cyril Ramaphosa labelled an “attempted insurrection”. Notably absent from the accused is Duduzile Zuma-Sambudla, the former MK Party front-woman and one of the most prominent social media instigators during the riots. The State, in a case led by the KZN Director of Public Prosecutions, is using some big laws against the accused. They stand in violation of various counts of committing:Terrorism in terms of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act;Sedition and public violence in terms of the Criminal Procedure Act; andIncitement to public violence in terms of the Riotous Assemblies Act.The indictment suggests this could become SA’s first major criminal trial in which WhatsApp groups form the key evidence chain. “In the main, the following WhatsApp groups were created and utilised, namely ‘Free Zuma Cordinators [sic] (later changed to Free Zuma Information – ‘FZI’), Ethekwini Shutdown (‘ETK’) and INK Shutdown (‘INK’). ETK was created to focus on the Durban City Centre and surrounding areas. INK was created to focus on Inanda, Ntuzuma and KwaMashu,” according to the prosecutors. A looter in West Street, Durban during the July 2021 riots. (Photo: Samora Chapman) “The accused joined and participated in these groups either by invite or via the group’s invite link. The different WhatsApp groups were created and were used by the accused and others unknown to the State as a communication tool for planning and inciting and executing activities, including inter alia, road blockages, arson, attacks on the judiciary, infrastructure and the economy, thereby engaging in acts of terrorism. “The accused and others protested, conspired and incited the use of violence to secure Zuma’s release, which resulted in acts of public violence, looting, disruption of normal activities, loss of life, damage of infrastructure and destruction of businesses and supply chains in and out[side] the KwaZulu-Natal province,” according to the indictment.The case is set down for argument from 20 July to 18 September and is one of South Africa’s most complex mass prosecutions in recent years. Specialists from MTN, Vodacom, Telkom and Cell C are on a witness list that runs to 125 people, excluding those witnesses whose names have been withheld. DM Summary of the indictmentThe National Prosecuting Authority (NPA) has indicted 65 accused in the KwaZulu-Natal High Court in Pietermaritzburg over their alleged role in orchestrating and inciting the July 2021 unrest.The indictment alleges that the accused acted together between 8 and 15 July 2021, alongside others known and unknown to the State, in a coordinated campaign aimed at forcing the release of former President Jacob Zuma following his imprisonment for contempt of court following the Commission of Inquiry into State Capture, also known as the Zondo Commission.The accused face eight charges, namely:- Terrorism;- Conspiracy or incitement to commit terrorism;- Sedition;- Public violence;- Conspiracy to commit the murder of then State Capture Commission chair Justice Raymond Zondo;- Conspiracy to commit public violence;- Incitement to commit public violence (under the Riotous Assemblies Act); and- Incitement to commit public violence through speech or published messages.The State alleges that the campaign amounted to terrorism because it sought to intimidate the public, disrupt essential services, inflict major economic damage and compel the government to release Zuma through widespread violence.According to the indictment, the accused used a network of three principal WhatsApp groups to organise and coordinate the unrest. Prosecutors allege the groups were used to plan road blockades, looting, arson, attacks on infrastructure and the judiciary, and broader acts intended to destabilise the country.The State further alleges that these actions contributed to widespread public violence, looting, loss of life, destruction of businesses and infrastructure, and severe disruption to economic activity in KwaZulu-Natal and elsewhere in South Africa. It argues that all the accused acted in furtherance of a common purpose. The prosecution intends to call approximately 125 witnesses, including investigators from the Hawks, SAPS officers, digital forensic specialists, telecommunications experts, banking representatives, CSIR experts and civilian witnesses. The identities of some witnesses have been withheld in terms of the Criminal Procedure Act.Key numbers- Accused: 65- Charges: 8- Principal WhatsApp groups cited: 3- Proposed State witnesses: Approximately 125- Period covered: 8–15 July 2021- Central allegation: An insurrection -a coordinated campaign of violence and incitement intended to secure Jacob Zuma’s release from prison. DM