The Pietermaritzburg Magistrate's Court has convicted a 35-year-old man for inciting the public to unlawfully gather and commit violence during the July 2021 civil unrest.

Mdumiseni Zuma is the first of more than 60 people accused of instigating the deadly and costly riots that occurred after the incarceration of former president Jacob Zuma for contempt of court.

The former president had defied a constitutional court order that instructed him to appear and testify before the state capture commission chaired by Chief Justice Raymond Zondo, who was then deputy chief justice.

Zuma was subsequently slapped with a 15-month jail term, but former correctional services commissioner Arthur Fraser ignored the recommendations of the Medical Parole Advisory Board and released him on medical parole after two months in prison.

Court proceedings

On Friday, Mdumiseni showed no emotion as Magistrate Morné Cannon read out his judgment.

Cannon said the state had led evidence which included video footage recording by the accused on 11 July 2021, where he called on others to "destroy Brookside [Mall]" in Pietermaritzburg if it opened the following day, 12 July.

At the time, Mdumiseni worked as a security guard at the retail centre.

"No one must be allowed to work at Brookside [Mall]", he was quoted as saying.

In his defence, Mdumiseni claimed he was intoxicated when he made the video and he had meant for it to be taken as a prank.

He denied that he aimed to incite others to commit public violence.

However, Cannon said, "The accused should have reasonably expected that others would be incited to act, given what was happening in the country at the time."

"Indeed, people did unlawfully assemble and Brookside Mall was destroyed after the circulation of the accused's video," the magistrate said.

Sentencing is expected to take place on 9 October.

In the meantime, the state is expected to finalise a pre-sentencing report.

The July 2021 civil unrest wreaked havoc in KwaZulu-Natal and Gauteng, where at least 350 fatalities were recorded.

The violence cost R50-billion in infrastructure damage and more than 150 000 jobs were lost.

At least 65 other alleged instigators are expected to appear in the Durban Regional court in November.

The state has previously indicated its intention to bring terrorism charges against them.