ANC NEC member Dr Nkosazana Dlamini-Zuma has welcomed a Johannesburg High Court ruling directing that oral evidence be heard in the defamation case brought against her by ANC secretary-general Fikile Mbalula.
The court ruled that the dispute between the two ANC leaders should be determined through oral evidence, with Mbalula, Dlamini-Zuma and ANC member Mandla Themba Sibiya expected to testify.
Mbalula approached the court seeking an order compelling Dlamini-Zuma to retract and apologise for statements she made during an interview on the African Renaissance Podcast.
Dlamini-Zuma had accused Mbalula of distributing money to delegates to influence the outcome of the ANC’s 55th National Conference at Nasrec, Johannesburg, in December 2022.
Acting Judge HM Viljoen ruled that there was a narrow dispute of facts that could best be resolved through oral evidence.
In a statement released on Monday 5 October ,Dlamini-Zuma welcomed the judgment, saying the court had not ordered her to retract or apologise for the statements.
“The Secretary-General asked the court for an order compelling me to retract and to apologise for statements I made during an interview on the African Renaissance Podcast. The court has made no such order,” she said.
“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.”
According to the court order, the oral evidence will determine whether Mbalula distributed money to ANC delegates at or in connection with the 55th National Conference for the purpose of influencing the outcome of the elections held at the conference.
Dlamini-Zuma said the case had also highlighted the need for the ANC to confront the role of money in its internal electoral processes.
“If the ANC is to renew itself, it must confront the use of money in its internal elective processes honestly,” she said.
The former Cabinet minister said she would not discuss the case further in the public domain out of respect for the court.
The court said the witnesses were identifiable and that the dispute was not too broad or complicated to be resolved through a hearing of oral evidence.
Viljoen said Mbalula claimed that the allegation continued to damage his reputation, while Dlamini-Zuma maintained that she stood by her statement and was prepared to have the allegation tested in court.
The court postponed the question of costs until the issues referred to oral evidence have been determined.