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The EFF has given ANC secretary-general Fikile Mbalula 48 hours to withdraw remarks it says are defamatory, issue a public video apology and retract the statements on all his social media platforms or face legal action.
In a letter sent by the party’s lawyers dated Friday, July 3, the EFF accused Mbalula of making false and defamatory statements during an ANC media briefing on Thursday, alleging that the party had supported unlawful anti-immigration protests.
The lawyers demanded that Mbalula publish a video statement apologising to the EFF and retracting the comments.
“The public statement is to be issued using a video format, containing a press statement in your name. To that end, the EFF will also distribute your public statement via its communications department to all the media houses whose contact details it possesses,” the lawyers said.
They warned that failure to comply would result in court action.
“Should you fail to comply with the demands in para 12 above, within 48 hours of receipt of this letter, our client has instructed us to launch proceedings against you which may include an action for damages and to seek a punitive costs order against you,” they said.
According to the letter, the EFF believes Mbalula’s comments have damaged the party’s reputation.
“It has come to our client’s attention that you have recently made defamatory statements regarding our client. These defamatory statements were made on Thursday in a media briefing held by the ANC.”
The lawyers pointed to remarks made by Mbalula during the briefing, where he allegedly said: “Lawlessness cannot be a norm and be tolerated, nor can violence. I’ve spoken about this, and another political party, EFF, was knocking on people’s doors, telling foreigners to go, outside the law.”
They also said the comments had since been widely shared on social media platforms, including X and TikTok.
The EFF argued that Mbalula’s remarks falsely suggested that the party supported or participated in recent anti-immigration protests.
“Your impugned statements leave the reasonable listener and/or viewer with the inescapable impression that our client supports the unlawful anti-immigration protests that have recently swept across the nation and that our client allegedly actively took steps to participate in and further the unlawful anti-immigration campaign.”
The party rejected the allegations, saying they contradicted its long-held political position on African unity.
“Your allegations are untrue and are strenuously denied. Your allegations are also contrary to our client’s political belief that Africa is one united continent. In fact, Mr Malema, the leader of our client, has labelled the recent anti-immigration protests as being Afrophobia. Your statements are neither true nor in the public interest nor protected by political speech.
“Your allegations are malicious and are calculated to undermine the good name of our client, which good name our client relies on to continue with its campaigning for the local government elections set down for November.”
The lawyers also said the comments portrayed the EFF as Afrophobic, hypocritical and dishonest about its political beliefs.
“We are instructed to record that your defamatory statements were presented as statements and/or conclusions of fact,” they said.
The letter further states that Mbalula’s comments were “vexatious, untrue, spurious and misplaced” and were allegedly made to gain political advantage over a rival party.
“We are furthermore instructed that your defamatory statements are made deliberately to extract political leverage in the build-up to the upcoming local government elections to be held in November this year, as you are a well-known public figure and the secretary-general of the ANC.”
The continued circulation of the remarks online was worsening the alleged reputational harm.
“Your interview, containing the defamatory statements, has been shared widely on social media platforms and remains accessible to the public at large. This is compounding the breach of our client’s rights. The reach of your defamatory statements is therefore extensive and has caused and continues to cause our client significant reputational damage.”
Mbalula appeared unfazed by the legal threat, responding on X by rejecting the EFF’s demand.
“I see the boys want me to retract the truth jonganapha makwedini andingo Kenny ke mna. Oright!” he wrote.
TimesLIVE
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