EFF sues Fikile Mbalula for R250,000 over foreigner claim

Fikile Mbalula
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JOHANNESBURG, Sunday 4 October 2026 — The EFF has filed a R250,000 defamation lawsuit against ANC secretary-general Fikile Mbalula over his claim that the party had gone door-to-door telling foreign nationals to leave South Africa, escalating a political dispute over immigration into proceedings before the Johannesburg High Court.

The lawsuit was filed on 25 September after Mbalula refused demands from the Economic Freedom Fighters to retract his remarks and issue a public apology.

The EFF wants the court to declare Mbalula’s statements defamatory, false and unlawful and order him to pay R250,000 in damages, or another amount determined by the court, together with interest and legal costs.

Mbalula denies that his comments were defamatory and has indicated through his lawyers that he will defend the case.

The ANC has also been cited as a defendant because the remarks were made during a party media briefing, although the EFF is not seeking relief from the organisation itself.

Lawsuit follows July dispute over immigration protests

The case stems from comments Mbalula made during an ANC media briefing on 2 July while discussing anti-immigration protests and vigilantism.

Mbalula alleged that the EFF had been knocking on doors and telling foreign nationals to leave, conduct he characterised as taking place outside the law.

The EFF immediately disputed the allegation.

It said it had never organised, endorsed or participated in door-to-door campaigns aimed at intimidating or removing foreign nationals and argued that such conduct would contradict its stated pan-Africanist policies.

The party maintains that Mbalula’s statement falsely portrayed it as engaging in unlawful anti-foreigner activity while publicly advocating African integration and opposing xenophobia.

Those arguments are allegations contained in the EFF’s case and have not been adjudicated.

Mbalula rejected demand for apology

The EFF initially sought to resolve the dispute without litigation.

Its lawyers sent Mbalula a letter of demand on 3 July calling for a retraction and public video apology to be distributed across his social-media platforms.

Mbalula’s attorneys rejected the demand four days later.

They argued that his statement formed part of a wider political discussion about immigration, employment, protests, law enforcement and public order and accused the EFF of removing a sentence from its broader context.

His lawyers also pointed to the EFF’s 2022 visits to restaurants to examine the employment of South Africans and foreign nationals.

They argued that political parties are entitled to advocate ideological positions but remain subject to criticism over their actions and campaigns.

Mbalula has declined to retract the remarks or apologise.

EFF says election timing increased reputational harm

The EFF’s court papers place particular emphasis on the timing of the comments ahead of the 4 November local government elections.

The party argues that being associated with unlawful anti-immigrant activity damages its reputation because it has positioned itself as a pan-Africanist organisation favouring greater African integration.

It says the alleged harm was amplified because Mbalula’s comments were carried through television coverage, video and audio recordings, YouTube and social media.

According to its court papers, an ANC recording of the briefing had received about 37,000 YouTube views by 25 September.

The court will ultimately have to determine whether Mbalula’s statements were defamatory and whether any available legal defence applies.

Immigration increasingly prominent in election campaign

The litigation comes as immigration has become a significant political issue in the municipal election campaign.

Anti-immigration organisations and political parties have adopted sharply differing positions on undocumented migration, border enforcement and access to public services.

The EFF has repeatedly distinguished its position from movements advocating the removal of foreign nationals.

It supports stronger enforcement of immigration and labour laws while maintaining a broader policy in favour of African integration and describing attacks directed predominantly at African migrants as Afrophobic.

The ANC has condemned vigilantism while arguing that concerns about undocumented immigration, border management and labour-law enforcement require government action.

The dispute between the two parties will now proceed in court alongside their competition for municipal votes.

No hearing date was identified in the court reporting published on Sunday.

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