By Anita Dangazele
- Fikile Mbalula’s lawyers have rejected every demand in the EFF’s defamation letter, including an apology and public retraction.
- The letter says Mbalula’s remarks were political speech, and points to the EFF’s own 2022 restaurant inspections targeting foreign workers.
ANC secretary-general Fikile Mbalula will not be apologising to the EFF. His lawyers have now put that in writing.
The dispute started on 2 July, when Mbalula told an ANC media briefing: “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.”
The EFF’s lawyers responded with a letter giving him 48 hours to retract the claim, apologise on video, and pay their client’s legal costs, warning they would sue for damages if he refused.
Mbalula dismissed the ultimatum on social media at the time, saying he had no intention of backing down. His lawyers, LS Mashifane Inc, have now confirmed that position formally.
In a letter dated 7 July, they state that Mbalula will not retract his remarks, will not apologise, will not publish a corrective statement, and does not accept that anything he said was defamatory.
The letter argues that Mbalula’s comments were political speech protected by the Constitution, made during a public briefing on matters of national concern.
It also points to a January 2022 EFF campaign in which leader Julius Malema personally visited restaurants at the Mall of Africa to check the ratio of South African to foreign staff, arguing the party cannot object to being linked to anti-foreigner sentiment while having engaged in similar conduct itself
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The EFF has previously said its 2022 visits were parliamentary oversight checking labour law compliance, not a campaign against foreign nationals, and maintains it has never organised or supported anti-immigrant activity.
Mbalula’s lawyers say that if the EFF proceeds with legal action, he will put the full factual basis for his remarks before a court.
Pictured above: [no image provided]
Image source: [no image provided]
