The Economic Freedom Fighters (EFF) has filed a lawsuit against ANC secretary-general Fikile Mbalula in the Johannesburg high court, seeking R250,000 in damages for allegedly defamatory remarks. The EFF claims Mbalula's comments, made during an ANC media briefing on July 2, falsely linked the party to unlawful anti-foreigner activities and portrayed it as acting in contradiction to its stated pan-Africanist position.
Mbalula's remarks centred on anti-immigration protests that had taken place across the country, during which he stated that the EFF had been knocking on people's doors, telling foreign nationals to leave South Africa. The EFF argues that this statement conveyed that it had participated in anti-immigration protests and had engaged in unlawful conduct by intimidating foreign nationals.
The EFF's lawsuit, filed on September 25, claims that Mbalula's comments were particularly damaging because they were made in the run-up to the local government elections on November 4. The party argues that the remarks suggested it was misleading the public by publicly supporting an open-border policy while allegedly participating in activities aimed at removing foreign nationals.
The EFF's court papers outline its foreign policy position, rooted in progressive internationalism, pan-Africanism, economic justice, and solidarity among African states. The party advocates for regional economic integration and a borderless Africa, including the eventual introduction of a single African currency. This position, the EFF argues, is incompatible with the conduct Mbalula attributed to it.
Before the lawsuit was filed, the EFF had sent Mbalula a letter of demand seeking a retraction and public apology on July 3. The letter demanded that Mbalula publish a video apology and retraction across his social media accounts within 48 hours. Mbalula's attorneys rejected the EFF's characterisation of the remarks, arguing that they were made in the context of a broader political address on immigration, lawlessness, and public order.
Mbalula's attorneys maintained that their client had been addressing matters of national concern and that his comments should be understood within the broader debate on immigration, employment, and law enforcement. They also challenged the EFF's assertion that its pan-Africanist position made Mbalula's criticism inherently false, citing an EFF media statement from January 2022 that announced a visit to restaurants to examine the employment ratio between South African citizens and foreign nationals.
The EFF is seeking a court declaration that Mbalula's statements were defamatory, false, and unlawful, as well as R250,000 in damages, interest, and legal costs. The ANC has been cited as the second defendant, but the EFF is not seeking any relief against the party. Meanwhile, Mbalula is also involved in a separate court case, seeking an apology and retraction from ANC NEC member Nkosazana Dlamini-Zuma, and is set to face criminal prosecution for crimen injuria.
Key points
- The EFF is suing Fikile Mbalula for R250,000 in damages over allegedly defamatory remarks.
- Mbalula's comments were made during an ANC media briefing on July 2.
- The lawsuit was filed in the Johannesburg high court on September 25.
