By Thapelo Molefe
Justice Minister Mmamoloko Kubayi has issued an apology to United Nations Special Rapporteur on the Occupied Palestinian territories, Francesca Albanese, after she was irregularly served with court papers by a sheriff in Johannesburg on Saturday.
The incident occurred just hours after Albanese, an Italian human rights lawyer and author, delivered the 23rd Nelson Mandela Annual Lecture, in which she called for global solidarity with Palestine and praised South Africa’s stance against Israel’s military actions in Gaza.
In a statement on Sunday, Kubayi confirmed that the attempt to serve Albanese was unauthorised and carried out without her or the Director-General’s knowledge or approval, as required under South African law.
“The service of process was effected without the knowledge or approval of either the Minister or the Director-General,” she said.
According to the Superior Courts Act, any request from another country to serve legal documents in South Africa must first be approved by the Minister and transmitted through the Director-General.
In this case, the request reportedly came from Christian Friends of Israeli Communities and Christians for Israel (USA), which is a private U.S.-based pro-Israel organisation, rendering the entire action invalid.
The reason for serving Albanese with the court papers remains unclear at this stage.
Kubayi, who is currently in Vietnam attending a United Nations conference on cybercrime, has ordered the immediate withdrawal of the process and instructed the Acting Director-General to launch an internal investigation and ensure accountability.
She also extended a public apology to Albanese, the Nelson Mandela Foundation, and the United Nations.
“This was not an arrest, nor an action authorised by the South African government,” the Minister’s spokesperson, Terrence Manase, said.
“It was an unauthorised attempt to serve court documents, which the Minister has since instructed to be withdrawn.”
Manase added that the department has communicated its apology to the Nelson Mandela Foundation and reaffirmed South Africa’s commitment to upholding the rule of law, due process, and its diplomatic obligations.
The incident came at a politically charged moment. In her lecture, Albanese accused Israel of conducting a “textbook case of genocide” in Gaza and hailed South Africa’s decision to take Israel to the International Court of Justice (ICJ) earlier this year as a milestone for global justice.
“This act has rekindled faith in international law, so thank you, South Africa! As a symbolic restoration, a quiet revolution in the history of international law,” Albanese said during her address.
“You prove again who you are, heirs of Nelson Mandela, in the conviction that justice must be lived, not merely spoken.”
She also revealed that she will soon present her final report to the United Nations General Assembly, titled “Gaza Genocide: A Collective Crime,” from Cape Town later this week.
The Department of Justice said it “deeply regrets this embarrassing situation” and stressed that no foreign government was behind the attempted service.
The department reaffirmed that it remains committed to international law and South Africa’s diplomatic responsibilities.
Kubayi said she would deal with the matter further upon her return to South Africa and ensure that proper protocols are reinforced to prevent any similar breaches in the future.
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