ANC Secretary-General Fikile Mbalula has refused to apologise to the EFF over remarks the party claims linked it to unlawful anti-illegal immigration protests, with his lawyers dismissing the defamation allegations as legally unsustainable.
In a letter dated 7 July 2026, Mbalula’s attorneys, LS Mashifane Inc, formally responded to the EFF’s lawyers after the red berets gave him 48 hours to apologise or face legal action.
The dispute stems from remarks Mbalula made during an ANC media briefing on 2 July, where he commented on recent anti-illegal immigration protests and accused the EFF of speaking with “forked tongues” on immigration.
In its letter of demand, the EFF argued that Mbalula’s comments left the public with the impression that the party supports unlawful anti-illegal immigration protests, which it says is false and defamatory.
However, Mbalula’s lawyers rejected the claim in its entirety, describing it as “factually incorrect, legally unsustainable and founded on a deliberately distorted interpretation” of his remarks.
The attorneys argued that the EFF had isolated a single sentence from a broader political address while ignoring the context in which it was made.
“The attempt to isolate one sentence from an otherwise broader political address, and thereafter attribute to it a literal meaning, is legally unsustainable,” the letter reads.
According to the response, Mbalula’s media briefing dealt with issues of national importance, including lawlessness, illegal immigration, public order and the ANC’s programme of action ahead of the 2026 local government elections.
His lawyers contend that the remarks formed part of protected political speech on matters of public interest and were never intended to amount to factual findings or judicial pronouncements about the EFF.
The letter further argues that the issues discussed remain the subject of robust public debate in South Africa and that political speech must be interpreted within its full context.
Mbalula also rejected the EFF’s assertion that his remarks created the impression that the party supports unlawful anti-illegal immigration protests, insisting that such an interpretation is unreasonable and ignores the broader discussion.
His legal team further argued that while the EFF is entitled to promote its Pan-African ideology, it is equally open to criticism over whether its public conduct aligns with its stated principles.
“Political parties are… entitled to articulate policy positions, promote political ideals and advocate particular constitutional visions. In the same vein, they are subject to public scrutiny and criticism concerning the conduct of their members, their public campaigns and the practical implementation of those stated ideals,” the letter states.
Mbalula’s lawyers also reserved the right to supplement their response at a later stage should the matter proceed further, signalling that the ANC secretary-general has no intention of retracting or apologising for his remarks.