As the ANC heads into make-or-break local government elections on 4 November, the party is facing a triple legal blow – and at the centre of all three is Secretary-General Fikile Mbalula.
Once seen as the ANC’s chief fixer and enforcer, political analysts now warn that Mbalula may become the party’s downfall, a man who has bitten off more than he can chew and is dragging the organisation into court with him.
Mbalula is fighting on three fronts.
First, is a high-profile defamation case against ANC NEC member Dr Nkosazana Dlamini-Zuma. This after she alleged that Mbalula used money to influence delegates at the ANC’s 55th national elective conference at Nasrec in December 2022, where he was elected secretary-general. Mbalula denies the allegation and sued.
Second, is a bitter battle with NEC member Andile Lungisa, who is challenging his removal from the ANC’s candidate list for Nelson Mandela Bay ahead of the local elections. Mbalula denies personally ordering Lungisa’s removal.
Third, is the ANC’s Constitutional Court challenge over the IEC candidate list debacle, where the party failed to submit names on time in dozens of municipalities. Mbalula, as SG, is the ultimate authority for submission of candidates.
For analysts, the cases are not isolated. They point to a pattern of internal election irregularities that Mbalula has been associated with for years.
Speaking to Africa Daily on Wednesday renowned political analyst Sandile Swana said the chickens have now come home to roost for Mbalula.
“It appears that the chickens have come home to roost when you look at the totality of the cases. They all involve a history that Mbalula knows well and is involved in over a very long time. That history of rigging elections within the internal processes of the ANC. The history that says that those that are favoured by Mbalula will get positions and those that are not favoured will be sabotaged one way or the other,” Swana said.
“You will remember that even Malema when he was elected was a big controversy and Mbalula made sure that come hell or high water Malema must lead the presidency of the youth league.”
Swana said strict adherence to ANC rules and the constitution has never been Mbalula’s pattern.
“There are many parts where Mbalula could have been involved over the decades where it can be fair to say that the strict appearance to the rules of the ANC and in the constitution is not a pattern Mbalula has focused on. So it’s not surprising that a prominent part of the failures of Mbalula revolve around irregularities of elections,” he said.
He pointed to claims around the CR17 campaign funding debate, and to the Eastern Cape where Lungisa and other candidates have been excluded.
“The only thing now is that Mbalula hopes that there is no direct evidence that affects him. Also not to say that NDZ and others did not practice this,” Swana said.
“Failure by Mbalula to submit all the names has set a history and a lot of us knew that there was something wrong within the ANC but the scale of which mayoral candidates have been excluded and a scale of ordinary candidates in places like Port St John and the Grahamstown area have been excluded is at a scale that is historic and the only person who is the ultimate authority for submission of names is Mbalula and he has failed.”
“The likes of Mavuso Msimang had pointed out in earlier days that the ANC was in steep decline when people like Mbalula can be at the top of the ANC.”
Swana argued this reflects a broader culture of impunity.
“With the culture of the irregularities where the ANC cannot run itself according to the constitution of the country points clearly to their continuing habit of not running the country within the confines of the law and the constitution which is partly why the former speaker of parliament is in the dock because they run their everyday lives and their elected office outside of the law with impunity. So Mbalula is not the only one with a cloud over him. It’s a culture that they have got used to,” he said.
Anothwr political analyst Professor Metjie Makhoba said Mbalula’s tenure as SG has been marked by political own goals.
“Practically since Mbalula has been at the helm of the secretary general position and the political own goals shows that he has struggled,” Makhoba said.
“Which has painted a bad picture for the ANC it has shown that the position was beyond his capabilities. It also showed that the party has no stable way to deal with their internal issues.”
Makhoba said the timing could not be worse.
“The ANC is at its lowest right now because they come on the back foot of a decline after the national elections… they were supposed to use these upcoming elections to recover but instead things are worse and they only have themselves to blame. For them going to ConCourt over the IEC matter is just to save face,” he said.
The Gauteng High Court has now ordered Mbalula, Dlamini-Zuma and relevant witnesses to testify and face cross-examination on whether money was distributed to delegates at Nasrec.
The Lungisa matter in the Eastern Cape is equally damaging, exposing factional battles in a province the ANC cannot afford to lose.
Mbalula has welcomed the court’s decision to hear oral evidence in the NDZ matter and insists it is not a finding against him.
“On 2 October 2026, the Judge in the defamation matter I brought against Dr Nkosazana Dlamini Zuma made an order… Dr NDZ’s points in limine of non-joinder, of the failure to exhaust internal remedies and of abuse of process were dismissed. Oral evidence is to be heard to determine whether, at or in connection with the 55th National Conference of the ANC held at Nasrec, Johannesburg, from 16 to 20 December 2022, I distributed money to delegates for the purpose of influencing the outcome of the elections held at that conference.”
“I welcome this decision and commend the Judge for recognising that the material factual disputes should be properly tested in court, including the veracity of statements made under oath in the respective affidavits.”
“The judgment therefore does not constitute a finding that the allegations against me are true. The factual dispute remains to be determined after the evidence of the relevant witnesses has been tested under oath. I have consistently maintained that the allegations are false and have nothing to hide.”
“In closing, I deem it apt to correct any impression created by subsequent public commentary that the judgment has vindicated the allegations made against me. It has not. The Court has made no finding that I distributed money to delegates, bought votes or otherwise corrupted the electoral process at the ANC’s 55th National Conference.”