Minister Mmamoloko Kubayi on allegations by Makangela Mtungani Inc

The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, notes with concern a letter by Messrs Makangela Mtungani Inc., dated 26 March 2026, and the assertions made therein.

Messrs Makangela Mtungani Inc., as officers of the court, have acted unethically and unprofessionally in failing to ascertain the veracity of the allegations made in their letter.

Had they discharged the legal obligation entrusted to them as legal professionals, they would have established that the Minister was not a party to the proceedings referred to in their letter and that she was in attendance during court proceedings in her capacity as a convener of ANC NEC deployees in the Eastern Cape.

The public comments of the Minister following the outcomes of the court merely expressed the ANC’s intention to have the conference proceed, provided that it complies with the order of the court.

However, the statement made in the Makangela Mtungani Inc. letter, alleging that the Minister announced that the conference would proceed regardless of the interdict, is without merit, malicious, and frivolous, and is intended to tarnish the good name of the Minister.

The insinuation that the Minister is inciting contempt of court is defamatory, chauvinistic, disrespectful, dishonest, and an insult to the office she holds, which has a constitutional obligation to uphold the rule of law and the integrity of the judiciary.

Against this background, it is difficult to understand how or why the Minister is being drawn into this dispute, or why an undertaking is being demanded from her.

This is not only misplaced, but fundamentally unjust and unreasonable.

Those who are familiar with her work will appreciate her consistent and principled commitment to upholding the rule of law and respecting the authority of the courts.

What is equally troubling and disappointing is how this matter has unfolded. If there was a genuine intention by the authors to formally bring this correspondence to the Minister’s attention, as legal practitioners who should know better, it should have been done through proper channels.

However, it appears that the contents of the letter made their way into social and mainstream media prior to any formal engagement. It is evident that the letter was circulated on social media with the intention of tarnishing her image and creating a misleading and defamatory impression that, as Minister of Justice and Constitutional Development, she has no respect for the courts and their decisions.

Of grave concern is that the Minister was informed by the legal representatives of the ANC that they were contacted telephonically by Advocate Dali Mpofu, SC, together with Advocate Thembeka Ngcukaitobi, SC, and Salukazana, informing the ANC legal representatives of their intention to serve a contempt application against the Minister and Mr Fikile Mbalula, in his capacity as Secretary-General of the ANC.

This is despite the fact that they were aware that the Minister was neither a respondent in the case, nor was she served with the court order as per procedure, nor does she have the authority to either halt or authorise the conference to proceed.

It is for this reason that the Minister believes that the contemplated contempt application against her is not in the interest of justice, but rather a personal vendetta against her.

The Minister takes her constitutional responsibilities very seriously. She remains firmly committed to the independence of the judiciary and would never act in a manner that undermines court processes, let alone incite others to undermine judicial processes.

Given the nature of the allegations and the manner in which they have been circulated, the Minister will seek legal guidance on the derogatory statements made by the law firm and will take appropriate action.

The Minister wishes to make it clear that she will not tolerate chauvinism, disrespect, dishonesty, or defamation of her character from any quarter.

She will stand firm and defend herself against any injustice using every legal means at her disposal.

The Ministry urges all parties to approach this matter with the care and responsibility it deserves, and to avoid statements or actions that may unnecessarily inflame tensions or mislead the public.

Enquiries:
Spokesperson to the Minister
Terrence Manase
Cell: 082 338 6707

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