Unrest instigator gets 12 years

On Wednesday, November 29, the Pietermaritzburg Regional Court sentenced Mdumiseni Khetha Zuma to 12 years imprisonment following his conviction on contravening Sections 17 and 18 of the Riotous Assemblies Act, where he incited people to gather and commit public violence.

This was done by making an inciteful video, pertaining to the Brookside Mall, and distributing it on the WhatsApp platform. While he initially pleaded not guilty to charges of contravening the Riotous Assemblies Act, including inciting public violence and arson, a video he released via WhatsApp exposed his intentions. Mr Zuma, 36, made an inciteful video on July 11, 2021, pertaining to the Brookside Mall, and distributed it on the WhatsApp platform, said Ms Natasha Ramkisson-Kara, regional spokesperson for the KwaZulu-Natal (KZN) division of the National Prosecuting Authority (NPA).

“The charges relate to the incidents of looting and public violence, which occurred in July 2021 in parts of the country, especially in KZN. During this time, the Brookside Mall in Pietermaritzburg was looted and burnt to the ground,” said Ms Ramkisson-Kara. “Zuma was a former security guard at the mall. He was fired from his job after he got into an argument with his employer – this was before the riots. It was estimated that the damage to Brookside Mall ran into millions of rands.”

Representing the state, Senior State Advocate Mr Yuri Gangai led the evidence of video footage, audio clips and the testimony of a guard who worked at the mall. Mr Gangai further led the evidence of two experts who translated the audio clips.

In aggravation of sentence, Mr Gangai led the testimony of the manager of the mall, at the time it was burned. The man said that the estimated damage caused by the looting and fire was approximately R500 million. He further stated that the mall serviced five different communities, as well as about 5 000 people who collected their SASSA grants there. They have all been adversely affected by the burning down of the mall.

“Zuma was sentenced to 10 years imprisonment for count one — two years of which are suspended for five years on condition that he is not convicted of the same offends during the period of suspension. He was sentenced to six years imprisonment (two years of which are to run concurrently with count one). This results in the effective sentence of 12 years direct imprisonment,” said Ms Ramkisson-Kara.

The NPA in KZN has finalised several cases in respect of the July 2021 unrest, this is the first conviction where an individual has been convicted and subsequently sentenced for inciting the unrest, Ms Ramkisson-Kara said.