ANC secretary-general Fikile Mbalula has failed to secure a final interdict against ANC NEC member Nkosazana Dlamini-Zuma over allegations of vote-buying during the party's 2022 leadership elections. The Johannesburg High Court has ordered oral evidence in the defamation case, with Mbalula and Dlamini-Zuma required to make themselves available for cross-examination. The case centers on Dlamini-Zuma's claims that Mbalula distributed money to delegates to influence the outcome of the elections.
Dlamini-Zuma made the allegations during an African Renaissance Podcast interview, claiming Mbalula was distributing money to delegates at a clinic during the ANC's 55th National Conference at Nasrec. She alleged that the money was used to secure Mbalula's election as secretary-general and help secure Cyril Ramaphosa's re-election as ANC president. Mbalula has denied the claims, and approached the court seeking declarations that the allegations were false, defamatory, and unlawful.
Acting Judge Henno Viljoen made the order on Friday, finding that the central factual dispute could not be resolved on the affidavits before him. The court has confined the oral hearing to the central allegation in the dispute, which is whether Mbalula distributed money to delegates for the purpose of influencing the outcome of the elections held at the 55th National Conference. If the answer favours Mbalula, the court will then consider the harm to his reputation and Dlamini-Zuma's conduct since the publication.
Dlamini-Zuma relied on her own evidence and an affidavit from ANC member Mandla Themba Sibiya, who said he received money during the 2022 conference. Viljoen identified shortcomings in her version, including uncertainty about how she came to know some of the details, as well as a lack of particulars in Sibiya's affidavit. However, the judge found that those weaknesses did not make the evidence so implausible that it could be rejected without hearing from witnesses.
The judge said Sibiya was an identifiable witness whose evidence could be tested through cross-examination. The court therefore directed that oral evidence be heard rather than dismissing the application or referring the entire matter to a full trial. Mbalula, Dlamini-Zuma, and Sibiya are the witnesses currently identified, while any additional witness will require the court's permission.
Viljoen refused Mbalula's damages claim in the application, but said this did not prevent him from bringing a separate damages action. His remaining relief, including the interdict and retraction or apology, stands over pending the outcome of the oral evidence. The judge said the matter should be resolved as quickly as possible, as Mbalula claims the allegation continues to injure him daily.
The court reserved the issue of costs, with Viljoen saying that the question of who has been substantially successful cannot be answered until the issues referred to oral evidence have been decided. The hearing will determine whether Mbalula distributed money to delegates, and the court will then consider the consequences of the findings.
Key points
- The Johannesburg High Court has ordered oral evidence in the defamation case between ANC secretary-general Fikile Mbalula and ANC NEC member Nkosazana Dlamini-Zuma.
- Dlamini-Zuma alleged that Mbalula distributed money to delegates during the ANC's 2022 leadership elections to influence the outcome.
- The court's decision does not determine whether Mbalula distributed money to delegates or whether Dlamini-Zuma's allegation was true.
