The high court in Johannesburg has ordered ANC secretary-general Fikile Mbalula and his legal opponent, Nkosazana Dlamini Zuma, to proceed to oral evidence in their defamation battle. The ruling means Mbalula will have to face Dlamini-Zuma in court as they seek to resolve their competing versions of events surrounding the ANC's 2022 elective conference at Nasrec. 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 that she will defend her claims about the alleged use of money to influence delegates. The pair faced off in the Johannesburg high court last week, with acting judge Henno Viljoen finding that there was a genuine dispute of fact that could not be resolved in the papers. He 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.
Mbalula's application sought an order directing Dlamini Zuma to publish a notice on all her media platforms unconditionally retracting the allegations and apologising for them. He also sought damages and an order that Dlamini-Zuma pay his legal costs. Dlamini Zuma opposed the application, arguing that it lacked urgency and that Mbalula had failed to exhaust internal remedies available to him under the ANC constitution. Her defence is based on truth and public interest.
The dispute centres on allegations made by Dlamini Zuma that Mbalula used money to secure his election as ANC secretary-general at the 2022 conference. Mbalula has rejected these allegations, saying he did not use money to influence delegates. The court will now hear oral evidence from relevant witnesses, including Mbalula, Dlamini Zuma, and Themba Sibiya, an unemployed man who claims he witnessed and participated in the alleged vote-buying scheme.
Sibiya's affidavit has been criticised by Mbalula's legal team, who argue that it does not specify a date, time, or amount allegedly exchanged. Mbalula also argues that Sibiya's version contradicts Dlamini Zuma's account on the location of the alleged transaction. The court will consider these contradictions when hearing oral evidence. Viljoen ordered that the application for oral evidence be delivered at least 15 court days before the date fixed for the hearing.
The 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 court's decision to hear oral evidence will allow both parties to present their cases in more detail. The ANC's 2022 elective conference at Nasrec has been the subject of controversy, with allegations of vote-buying and other irregularities.
The defamation lawsuit is one of several high-profile cases involving ANC leaders. The court's decision to hear oral evidence will provide clarity on the allegations made by Dlamini Zuma. The case will continue with the hearing of oral evidence, and a final judgment will be made after considering all the evidence presented.
Key points
- The high court in Johannesburg has ordered Fikile Mbalula and Nkosazana Dlamini Zuma to proceed to oral evidence in their defamation battle over allegations of vote-buying at the ANC's 2022 elective conference.
- 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 court's decision to hear oral evidence will allow both parties to present their cases in more detail.
