Proceedings were held in camera since the accused – whose name is known to Daily Maverick – has yet to appear in a line-up. 

Speaking to Newzroom Afrika before the man’s appearance, Police Minister Bheki Cele said that this arrest, together with that of a well-known social media personality in Johannesburg over the weekend, brings the total number of alleged instigators arrested to 18. 

The National Prosecuting Authority had not yet supplied Daily Maverick with a list of the instigators at the time of publication. Zuma’s supporters have branded the arrests as an attempt to intimidate those who are loyal to the former president, and as harassment for their criticism of President Cyril Ramaphosa. 

Nevertheless, according to the charge sheet of the Pietermaritzburg accused, which Daily Maverick has seen, he “made a video recording which was circulated on the social media platforms which where [sic] he was informing his comrades that the Brookside Mall was closed at 18h00 on 11 July 2021 and if they were opened in the morning, they will enter and destroy everything. On 12 July 2021, the Brookside Mall was burnt down.”

Situated near the Pietermaritzburg city centre, Brookside had a Checkers Hyper as its anchor tenant, as well as numerous other stores, including a Capitec Bank, Clicks, an optician, a bottle store, eateries and clothing retailers, and was “easily accessible to the N3”. 

It was looted extensively and allegedly torched on 12 July. Black plumes of smoke were visible from the nearby highway, which had to be closed as a result of the unrest. Criminals could be seen ransacking the shops while the fire was still raging.  

The Shoprite Group has reportedly said it will rebuild Brookside.  

The unrest started as a protest against the jailing of Zuma, who was transported by his state security detail at high speed from his Nkandla homestead to the Estcourt Correctional Centre in the early hours of Thursday, 8 July. 

Zuma was sentenced to 15 months in prison for contempt, after failing to appear before the Zondo State Capture Commission – as directed by the Constitutional Court – to answer to allegations of corruption from dozens of witnesses. 

A man walks past a smashed window in Pietermaritzburg following looting and unrest in the aftermath of the arrest of former president Jacob Zuma. 16 July 2021.
(Photo: Shiraaz Mohamed)

By that Thursday night, word started trickling through of trucks being burnt along the economically critical N3 highway, actions which had allegedly started as protests in support of Zuma. This quickly spread out of control to mass looting from and torching of shops, malls, warehouses, liquor outlets and ATMs.  

The defence force was deployed too late, and by the time the boots of troops hit the ground, the estimated damage to the fiscus in KZN alone was estimated at R20-billion. Additionally, 359 people lost their lives. According to the KZN government, the majority of those who died in KZN were looters who had been crushed in the frenzy or killed by other looters while fighting over stolen goods. 

The arrest and Monday court appearance of the Pietermaritzburg accused – who is allegedly a security guard – follows last week’s arrest and appearance of previously convicted Fees Must Fall activist Bonginkosi Khanyile, also a KZN resident, who appeared in the Durban Magistrate’s Court. Khanyile is seeking bail after being charged with incitement and contravention of disaster management regulations. His bail bid continues on Tuesday. 

Veteran KZN prosecutor Advocate Yuri Gangai has been handling Khanyile’s bail application. It remains unclear at this stage if he will also be handling the bail bid of the Pietermaritzburg accused, although he was present during Monday’s closed session. 

The State has opposed bail in Khanyile’s case, and will be doing the same in the Pietermaritzburg man’s case. 

The matter was postponed to 6 September for a bail investigation, meaning the police have between now and then to conduct their line-up and gather information to assist with their case in opposing bail. DM