The EFF is suing ANC secretary-general Fikile Mbalula for R250,000 in damages, accusing him of defaming the party by claiming it had been knocking on people’s doors and telling foreign nationals to leave South Africa.
The lawsuit, filed in the Johannesburg high court on September 25, centres on remarks Mbalula made during an ANC media briefing on July 2, when he discussed anti-immigration protests that had taken place across the country.
Julius Malema’s party argues that the remarks falsely linked it to unlawful anti-foreigner activies and portrayed it as acting in contradiction to its stated pan-Africanist position.
Mbalula, through his attorneys, has rejected the allegations, arguing that his comments were made in the context of political debate on immigration, lawlessness and public order, and should not be interpreted in isolation.
During the briefing, Mbalula said: “Lawlessness cannot be a norm and be tolerated. I’ve spoken about this and another political party, EFF, was knocking on people’s doors, telling foreigners to go, outside the law.”
The EFF claims the statement conveyed that it had participated in anti-immigration protests and had engaged in unlawful conduct by intimidating foreign nationals. “In their ordinary and natural meaning, the impugned statements made by Mr Mbalula are that the EFF ... was acting unlawfully by telling foreigners to leave South Africa; and was engaging in conduct outside the law.”
The EFF says the comments were particularly damaging because they were made in the run-up to the local government elections on November 4
The party further argues that the remarks suggested it was misleading the public by publicly supporting an open-border policy while allegedly participating in activities aimed at removing foreign nationals.
The EFF says the comments were particularly damaging because they were made in the run-up to the local government elections on November 4.
The party’s court papers set out its foreign policy position, which it says is rooted in progressive internationalism, pan-Africanism, economic justice and solidarity among African states. It also advocates regional economic integration and a borderless Africa, including the eventual introduction of a single African currency. The EFF argues that this position is incompatible with the conduct Mbalula attributed to it.
The party says the circulation of the remarks has compounded the reputational damage. The media briefing was broadcast or spread via television, video and audio recordings, YouTube and social media platforms.
According to the court papers, the ANC’s YouTube recording of the briefing had registered about 37,000 views by September 25 and remained accessible to the public.
The dispute had already escalated before the lawsuit was filed. On July 3, the EFF’s law firm, England Slabbert Attorneys, sent Mbalula a letter of demand seeking a retraction and public apology. The EFF demanded that Mbalula publish a video apology and retraction across his social media accounts, including Facebook, X, TikTok and Instagram, within 48 hours. It warned that failure to comply could result in legal action.
Four days later Mbalula’s attorneys, LS Mashifane, rejected the EFF’s characterisation of the remarks and accused the party of taking a single sentence out of the context of a broader political address. “The allegations by your client that the statement by our client is defamatory are factually incorrect, legally unsustainable and founded on a deliberately distorted interpretation of public commentary made by our client.”
The law firm maintained that Mbalula had been addressing matters of national concern and that his comments should be understood within the broader debate on immigration, employment, public demonstrations and law enforcement.
Political parties are, by their very nature, ideological organisations and are entitled to articulate policy positions
— Fikile Mbalula's lawyers
The response also challenged the EFF’s assertion that its pan-Africanist position made Mbalula’s criticism inherently false. The attorneys referred to an EFF media statement issued in January 2022, announcing that Malema would visit restaurants to examine the employment ratio between South African citizens and foreign nationals.
The attorneys argued that the statement demonstrated that the party itself had previously raised questions about the employment of foreign nationals in the country.
“Political parties are, by their very nature, ideological organisations and are entitled to articulate policy positions, promote political ideals and advocate particular constitutional visions,” the lawyers said. “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.”
Mbalula’s legal team said he would not retract the remarks, issue an apology or publish a corrective statement and would defend himself in any litigation.
The EFF has now asked the court to declare the statements defamatory, false and unlawful. It is seeking R250,000 in damages, or an amount determined by the court, as well as interest and legal costs.
The ANC has been cited as the second defendant because the remarks were made during its media briefing. However, the EFF is not seeking any relief against the party.
At the same time, Mbalula is in court seeking an apology and retraction from ANC NEC member Nkosazana Dlamini-Zuma, who alleged that he paid delegates to secure his election as secretary-general at the party’s 2022 Nasrec conference. Mbalula has denied the vote-buying allegations, while Dlamini-Zuma has stood by her claims.
Mbalula is also set to face criminal prosecution for crimen injuria following a successful push by AfriForum. Mbalula will join Malema in the Johannesburg regional court to face charges of falsely accusing an Eastern Cape school principal of rape.
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