By Lehlohonolo Lehana.
The Johannesburg High Court has declined to grant the immediate order for retraction sought by African National Congress (ANC) Secretary General Fikile Mbalula in his defamation case against party’s NEC member Nkosazana Dlamini-Zuma.
The dispute stems from comments Dlamini-Zuma made during an interview with the African Renaissance Podcast, in which she accused Mbalula of paying delegates at the ANC’s December 2022 elective conference, where he was elected secretary-general.
She alleged Mbalula had openly dished out money to delegates to influence conference’s electoral outcome, saying it was not a secret. She said the money had been used to ensure that Mbalula and ANC president Cyril Ramaphosa were elected.
Mbalula has denied the allegations, saying they were false, made to defame him and launched an urgent court application against Dlamini-Zuma.
In his ruling, Acting Judge HM Viljoen declined to grant the immediate order for retraction sought by Mbalula. Instead, the court determined that the core factual disputes, and the gravity of the allegations, are better evaluated through witness testimonies and oral evidence under oath.
Dlamini-Zuma, who has filed a formal notice of intention to oppose the suit, welcomed the ruling.
“The Court has made no such order [for retraction. It has directed instead that the central factual question be determined on oral evidence from us and witnesses. I remain committed to cooperating with the Court’s processes, “Dlamini-Zuma stated.
Standing firmly by her initial remarks, Dlamini-Zuma emphasised that the litigation serves as a necessary inflection point for the ruling party.
She argued that if the ANC is to genuinely achieve organisational renewal, it must confront the role of money in its elective processes.
Out of respect for the judiciary, she indicated she would no longer debate the merits of the case in the public domain.
Mbalula also welcomed the court’s decision to test the veracity of the statements under oath, noting that the judge did not dismiss the matter outright as Dlamini-Zuma had requested.
However, Mbalula was quick to clarify that the judgment does not validate the allegations made against him.
“The factual dispute remains to be determined after the evidence of the relevant witnesses has been tested under oath. I welcome that process. I have consistently maintained that the allegations are false and I have nothing to hide,” Mbalula said.
He rejected any public commentary suggesting that the court’s refusal to issue an immediate retraction served as a vindication of Dlamini-Zuma’s claims.
The ANC has also sought to clarify the circumstances surrounding the dispute that played out in the Johannesburg High Court regarding NEC member Andile Lungisa’s exclusion.
It said every person seeking to stand under its banner in an election must undergo its vetting process without exception.
The outcome of this vetting process contains findings of a conviction and sentence, which places Lungisa outside the criteria adopted by the NEC for all candidate nominees.
In another matter, the Constitutional Court will now hear the ANC’s leave to appeal application on the 12th of October instead of the 5th as per the initial directive.