Background
ANC secretary‑general Fikile Mbalula went to court after ANC NEC member Nkosazana Dlamini‑Zuma accused him of handing out cash to delegates during the party’s 55th National Conference in December 2022. She said the money was meant to sway the vote in his favour and help Cyril Ramaphosa keep the ANC presidency. Mbalula denies the claim and asked the Johannesburg High Court to declare the statements false, defamatory and unlawful, to force a retraction and apology, to stop her from repeating them and to award damages.
The Allegation
During an interview on the African Renaissance Podcast, Dlamini‑Zuma said she saw Mbalula giving money to delegates at a clinic near the Nasrec venue. She linked the payments to his election as secretary‑general and to Ramaphosa’s re‑election as ANC president.
Court’s Decision on Oral Evidence
Acting Judge Henno Viljoen examined the papers filed by both sides. He found that the affidavits contained a real dispute over whether money was actually distributed. Because the conflicting versions could not be settled on paper alone, he ordered that oral evidence be heard.
Why Oral Evidence Was Needed
The judge pointed out several issues with Dlamini‑Zuma’s version:
- She did not explain clearly how she obtained the details she shared.
- The affidavit from ANC member Mandla Themba Sibiya, who said he received money, lacked specific information.
Despite these weaknesses, Viljoen said the evidence was not so implausible that it could be dismissed without hearing from the witnesses. Sibiya is an identifiable person whose testimony can be tested through cross‑examination, so a simple oral hearing is appropriate.
Witnesses and Evidence
The hearing will focus on the central question: Did Mbalula distribute money to delegates to influence the 2022 conference elections?
The parties have identified the following witnesses:
- Fikile Mbalula (applicant)
- Nkosazana Dlamini‑Zuma (respondent)
- Mandla Themba Sibiya (the delegate who claims he received money)
Any additional witness would need the court’s permission to testify.
Damages Claim
Judge Viljoen refused to award damages in the current application, but he clarified that Mbalula can still pursue a separate damages lawsuit if he wishes. The remaining requests—an interdict, a retraction, an apology and a ban on repeating the statements—remain pending until the oral evidence is heard.
What Happens Next
The court has set a date for the oral hearing. Both Mbalula and Dlamini‑Zuma must appear for cross‑examination, as must Sibiya if he is called. The judge urged a speedy resolution, noting that Mbalula says the allegation harms his reputation daily, while Dlamini‑Zuma insists her statements are true and wishes to have them examined in court. Costs will be decided after the outcome of the oral evidence is known.
Conclusion
The Johannesburg High Court has determined that a factual dispute over alleged cash distribution at the ANC’s 2022 conference cannot be settled on affidavits alone. By ordering oral evidence, the judge allows both sides to test their claims through direct questioning. The upcoming hearing will clarify whether money was handed out to influence the election, and it will shape any further steps regarding retractions, apologies, or possible damages. The process aims to reach a fair and timely resolution for all parties involved.
