African National Congress (ANC) secretary-general Fikile Mbalula and former Cabinet minister Nkosazana Dlamini-Zuma will have to take the witness stand in their defamation battle over allegations that money was used to influence the 2022 leadership election for the ANC.

Acting Judge Henno Viljoen ruled in the Johannesburg High Court last week that the competing factual versions placed before the court could not be resolved on written affidavits alone. The matter must instead proceed to oral evidence, where witnesses can be questioned and cross examined.

The case stems from comments Dlamini-Zuma made during an appearance on a podcast hosted by former Economic Freedom Fighters parliamentarian Mbuyiseni Ndlozi in August. She alleged that Mbalula had distributed money to delegates during the ANC’s 2022 national conference in an effort to secure votes.

Mbalula was elected ANC secretary-general at that conference, while Cyril Ramaphosa secured a second term as party president.

Mbalula denies the allegation and subsequently approached the High Court seeking a retraction and apology from Dlamini-Zuma, as well as damages. His lawyers argued that she had failed to produce sufficient evidence to substantiate the allegation.

Dlamini-Zuma has refused to retract the allegation concerning Mbalula and is opposing his case. Her court papers include an affidavit from an ANC member, Mandla Sibiya, who says he witnessed Mbalula distributing money to delegates and personally benefited from the alleged payments.

The truth of that claim has not been determined by the court.

The latest judgement therefore does not make a finding that Mbalula bought votes or that Dlamini-Zuma’s allegations are true. Instead, the court found that the factual dispute requires evidence to be tested directly through testimony and cross examination.

Mbalula stressed this point following the ruling, saying the decision had not validated the claims against him.

Dlamini-Zuma welcomed the decision to hear oral evidence and said she would cooperate with the court process. The order also creates the opportunity for Sibiya’s evidence to be tested in court rather than accepted or rejected solely on the basis of his affidavit.

The next stage of the case will therefore shift the dispute from competing written claims to testimony under oath. Until that evidence is heard and tested, there remains no court finding on whether money was distributed by Mbalula to influence the outcome of the ANC’s 2022 conference.