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1]      At the close of the State’s case the accused applied for a discharge in terms of s 174 of the Criminal Procedure Act 51 of 1977 (the CPA). The accused is being tried on one count of incitement to commit the offence of terrorism under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004; one count of incitement to commit public violence read with s 18(2)(b) of the Riotous Assemblies Act 17 of 1956 (the RAA), and one count of incitement to commit public violence, read with s 17 of the RAA. The State is opposing the application.

[2]      The accused posted on her public twitter account texts, images, audio and video clips prior to and during the period 7 to 17 July 2021 being the time of widespread incidents of unrest that unfolded in KwaZulu-Natal and Gauteng. The accused made admissions in terms of s 220 of the CPA admitting publication of these posts and accompanying statements. Some of the posted material consisted of images and video clips of the unrest while others contained images, audio and video clips not linked to the unrest. Some of the posts and accompanying statements are considered by the State witnesses to constitute incitement to terrorism and violence while other posts are considered by the State witnesses to be neutral and not constituting incitement to either terrorism or violence.

[3]      Some of the video and video clips depicted the burning of infrastructure, discharging of guns, barricaded roads, AmaZulu regiments in their traditional attire carrying traditional weapons and, someone shooting at the posts depicting a picture of the sitting president wearing the African National Congress t-shirt.  Some of the contentious statements amongst others between the State and the defence are the following statements; “We see you”, or “I see you, Amandla”, “your struggle continues from the outside and we must intensify Amandla”, “take the day off from being the bigger person, and choose violence, you deserve it” and a call for a total shutdown in KwaZulu-Natal. There is also evidence of the comments made by the followers of the accused on her Twitter account, some warning her that she was inciting violence while others were supporting her.