‘I saw everything’: ANC delegate backs Dlamini-Zuma’s Mbalula bribery claims

Dlamini-Zuma

Johannesburg – An ANC delegate has told the Gauteng High Court that he witnessed Secretary-General Fikile Mbalula distributing money to delegates at the party’s 2022 national elective conference at Nasrec and that he personally benefited from the alleged payments.

The claim was contained in an affidavit by ANC delegate Mandla Themba Sibiya, which was placed before the court on Tuesday during Mbalula’s defamation case against senior ANC member Nkosazana Dlamini-Zuma.

According to Daily Maverick, Sibiya said he “saw everything” and alleged that “Mbalula was distributing money to us as delegates”.

The affidavit forms part of Dlamini-Zuma’s defence after she accused Mbalula of using money to influence delegates at the conference, where Mbalula was elected ANC secretary-general and Cyril Ramaphosa was re-elected party president.

Dlamini-Zuma has stood by the allegations, telling the court in her answering papers that “the use of the money was to ensure he [Mbalula] and the current president of the ANC and the country [Ramaphosa] were elected”.

She further alleged that there had been a queue at a clinic at the Nasrec venue where people were allegedly waiting to receive cash.

“There was a queue at the clinic not of patients but of people lined up to receive the cash that the applicant was distributing to buy votes,” she said in court papers.

Mbalula has denied the allegations and launched the defamation action, seeking a retraction, an apology and damages.

His lawyer, Advocate Smanga Sethene, questioned the reliability of Sibiya’s affidavit, pointing out that it was only signed on 4 September, about a month after Dlamini-Zuma made the allegations publicly. He also questioned why Sibiya had not reported the alleged payments to the police or ANC structures.

“To make an allegation or sweeping statements about somebody does not afford you protection,” Setheni told the court.

Setheni also argued that there was no photographic or video evidence showing Mbalula handing money to delegates.

The Citizen reported that he told the court thousands of people attended the conference and many delegates had smartphones, yet “not a picture of the alleged incident was captured by anyone”.

Dlamini-Zuma’s lawyer, Advocate Muzi Sikhakhane SC, countered that Sibiya’s evidence should not simply be dismissed because the affidavit lacked detail. He argued that the credibility of the witness could only properly be tested through oral evidence and cross-examination.

“This is a classic unavoidable dispute of fact that requires viva voce [oral] evidence. Absolutely. And cross-examination,” Sikhakhane submitted.

Dlamini-Zuma has maintained that she has further evidence to support her allegations. Speaking to EWN after the court proceedings, she said she was confident in her position.

“I have been taken to court for speaking the truth.”

“You know who is my biggest witness? It’s his conscience,” she said.

Dlamini-Zuma’s legal team argued some evidence could only be presented at trial and privately because of concerns over the safety of people who could testify.

The case stems from comments Dlamini-Zuma made during an August interview on former EFF MP Mbuyiseni Ndlozi’s African Renaissance Podcast, where she accused Mbalula of vote-buying during the 2022 ANC conference.

Mbalula disputes the allegations and says they are false and defamatory.

Judgment has been reserved.

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