The high court in Johannesburg has ordered ANC secretary-general Fikile Mbalula and his opponent, Nkosazana Dlamini Zuma, to proceed to oral evidence in their defamation lawsuit. The ruling means Mbalula will have to face Dlamini-Zuma in court to resolve their competing versions of events surrounding the ANC's 2022 elective conference at Nasrec. The defamation battle centers on allegations of vote-buying during the conference.
Mbalula sued Dlamini-Zuma for defamation after she accused him of using money to secure his election as ANC secretary-general. Dlamini-Zuma has refused to retract the allegations, insisting she will defend her claims about the alleged use of money to influence delegates. The pair faced off in court last week, with acting judge Henno Viljoen finding a genuine dispute of fact that could not be resolved in the papers.
Viljoen ordered that oral evidence be heard, with the parties to be cross-examined. Mbalula had launched the application on an urgent basis, seeking an order declaring the allegations false and defamatory and compelling Dlamini-Zuma to retract them and apologize. However, the judge found that the dispute could be resolved through oral evidence because the relevant witnesses could be identified.
The witnesses in the case include Mbalula, Dlamini-Zuma, and Themba Sibiya, an unemployed man who claims to have witnessed and participated in the alleged vote-buying scheme. Mbalula has rejected Sibiya's affidavit, saying he does not know him and has never met him. Mbalula's legal team also criticized Sibiya's account, arguing that it lacked specificity and contradicted Dlamini-Zuma's account.
Dlamini-Zuma opposed Mbalula's application, arguing that it lacked urgency and that Mbalula had failed to exhaust internal remedies available to him under the ANC constitution. She says her defense is based on truth and public interest. Viljoen noted that the court had several options when confronted with a genuine dispute of fact, including dismissing the application or ordering the parties to trial.
The judge ordered that the application for oral evidence be delivered at least 15 court days before the date fixed for the hearing, unless the court allowed a shorter period. This ruling means Mbalula's bid for an immediate retraction and apology has been put on hold while the court hears oral evidence on the disputed allegations. The case will continue with oral evidence to determine the truth of the allegations.
The outcome of the case may have significant implications for both Mbalula and Dlamini-Zuma, as well as the ANC. The court's decision to hear oral evidence will allow both parties to present their versions of events and for the court to determine the facts of the case. The ANC's reputation may also be impacted by the allegations and the outcome of the case.
Key points
- The high court has ordered Fikile Mbalula and Nkosazana Dlamini Zuma to give oral evidence in their defamation battle.
- The defamation lawsuit centers on allegations of vote-buying during the ANC's 2022 elective conference.
- The court's decision will determine the truth of the allegations and may have significant implications for both parties and the ANC.
