Court Orders Oral Hearing In Mbalula Vote-Buying Defamation Case
The Johannesburg High Court has refused to decide ANC secretary-general Fikile Mbalula’s defamation case against NEC member Dr Nkosazana Dlamini-Zuma on the papers, finding a genuine dispute of fact over her claim that he bought votes at the ANC’s 2022 Nasrec conference.
Acting Judge Henno Viljoen ruled that the opposing versions cannot be resolved through affidavits and ordered oral evidence, with both Mbalula and Dlamini-Zuma expected to testify and face cross-examination.
The court will determine whether Mbalula distributed money to delegates at or around the ANC’s 55th National Conference from 16 to 20 December 2022 to influence the election outcome.
Dlamini-Zuma made the allegation during an interview on Mbuyiseni Ndlozi’s African Renaissance Podcast in August. She claimed money was handed out at a clinic to secure Mbalula’s election as secretary-general and Cyril Ramaphosa’s re-election as ANC president.
ANC member Mandla Themba Sibiya, who says he was a delegate, has backed her version, claiming he witnessed the distribution and received money himself.
Mbalula denies the allegations and had sought a retraction, apology, damages and punitive costs. Those orders were not granted.
Viljoen said the affidavits revealed a “real, genuine and bona fide dispute of fact” that could not be resolved on paper.
The judgment does not establish that Mbalula bought votes or that Dlamini-Zuma has proved her allegation. A pre-hearing conference will determine witnesses, limited discovery and a hearing date.
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