politics

Court refuses Mbalula the apology he wanted as government and ANC watch Nasrec money claim head to the stand

Court refuses Mbalula the apology he wanted as government and ANC watch Nasrec money claim head to the stand
Photo: Barsov / Wikimedia Commons
Story summary

The Johannesburg High Court has refused Fikile Mbalula a final interdict and an immediate retraction from Nkosazana Dlamini-Zuma. Acting Judge Henno Viljoen ordered oral evidence on one question: whether Mbalula distributed money to ANC delegates at Nasrec in December 2022 to influence the election.

News Definition article

Fikile Mbalula asked the Johannesburg High Court to force Nkosazana Dlamini-Zuma to retract, apologise within 24 hours, and stop saying he took part in bribing delegates at the 55th national conference of the ANC. Acting Judge Henno Viljoen refused to grant that relief.

The order, handed down on Friday and reported on Monday, stands the remainder of the defamation application over. Oral evidence must now test whether Mbalula distributed money to voting delegates at Nasrec between 16 and 20 December 2022 to sway the leadership outcome. The court found that conflicting sworn statements created a genuine dispute of fact. The judge ruled that Dlamini-Zuma's version was not so far-fetched that it could be dismissed on paper, but he made no finding that the bribery claim was true.

Photo: eNCA
Photo: eNCA

On the existing court record, the designated witnesses are Mbalula, Dlamini-Zuma, and an ANC member named Sibiya. Neither party may call additional witnesses without obtaining formal permission from the court. All discovery bundles and supplementary affidavits for the hearing must be filed at least 15 court days before the set date. The court has not yet scheduled the hearing date.

Photo: Michael Gross / US Department of State
Photo: Michael Gross / US Department of State
THE DEFINITION

The ruling does not represent a verdict on vote buying. Under South African civil procedure, judges will not settle serious credibility disputes on motion proceedings when affidavits flatly contradict each other. Viljoen declined to grant Mbalula an immediate interdict, but also declined to endorse the underlying bribery claim. The ruling preserves Dlamini-Zuma's defences of truth and public interest for cross-examination.

WHAT IT MEANS FOR YOU

With local government elections scheduled for 4 November, the governing party faces another public spectacle where its secretary general must defend his credibility in open court. The stand offers no political protection. Until oral testimony is tested under oath, voters must navigate competing claims without a conclusive court finding.

THE BIG QUESTIONS

* What trial date will the registrar allocate for Mbalula, Dlamini-Zuma, and Sibiya to take the witness stand?

* Will either legal team seek leave to call additional delegates or tender financial records during the 15 court days filing window?

* How will the ANC address the live oral evidence order ahead of the 4 November municipal ballot?

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