South Africa Apologises for Irregular Service of US Defamation Suit Papers on UN Rapporteur Francesca Albanese
Johannesburg, South Africa – 28 October 2025 – The South African Department of Justice and Constitutional Development has issued an unconditional apology after a sheriff irregularly served court papers on United Nations Special Rapporteur Francesca Albanese during her visit to the country. The incident happened on 25 October 2025 at the Sandton Convention Centre, right after Albanese delivered the annual Nelson Mandela Lecture, leaving her visibly shaken.
While a departmental letter dated 24 October 2025 appeared to authorise the service, officials later confirmed it was done without proper approval, breaching legal and diplomatic rules. This has sparked questions about protocol for UN officials, who usually enjoy immunity, and highlighted tensions around Albanese’s work on Palestinian rights.
The event has drawn mixed reactions, with some praising the attempt to hold her accountable for alleged defamation, while others see it as an attack on free speech and international norms. As South Africa navigates its role in global affairs, the apology aims to fix diplomatic ties, but the underlying US lawsuit against Albanese continues, raising broader issues about accountability for UN experts.
The Incident at Sandton Convention Centre
On 25 October 2025, Francesca Albanese, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, was addressing an audience at the Nelson Mandela Annual Lecture in Johannesburg. Midway through or just after her talk, a sheriff approached her to serve legal documents related to a US-based defamation lawsuit. The move caught many by surprise, disrupting the event and leaving Albanese shaken, according to witnesses.
The papers stemmed from a request by Harris Incorporated, a law firm acting on behalf of the plaintiffs. A letter from the Department of Justice’s Chief Directorate: International Legal and Treaty Affairs, signed by Adv. E.T. Leseljane and dated 24 October 2025, instructed the Registrar of the Gauteng High Court in Johannesburg to facilitate the service. It referenced the Minister’s consent under Section 40(2) of the Superior Courts Act 10 of 2013, allowing personal service on Albanese at the Sandton Convention Centre, 161 Maude Street, Sandton.
The letter included four points: forwarding a copy of the received letter from Harris dated 21 October 2025 with attached documents; requiring originals to be signed by the defendant and a covering certificate under Rule 4(15)(b) of the Rules published under Government Notice No. R48 dated 12 January 1965; directing payment to the sheriff’s account by Harris Incorporated Attorneys, Conveyancers, Notaries; and requesting acknowledgment of receipt.
However, the department later clarified that this authorisation was irregular and not approved by the Minister or Director-General, violating protocols for serving foreign civil processes on international officials.
Details of the US Defamation Lawsuit
The court papers relate to a defamation suit filed in the US District Court for the District of Colorado by Christian Friends of Israeli Communities and Christians for Israel USA. The plaintiffs accuse Albanese of falsely claiming in a report that they are complicit in gross human rights violations and international crimes. The suit describes her statements as “falsely, maliciously and knowingly” accusing the religious and charitable organisations of serious crimes and morally wrong actions.
The complaint highlights Albanese’s alleged history of supporting terrorism, antisemitic comments, false claims of legal expertise, and a questionable reappointment to her UN role. It argues that her actions fall outside her official duties, stripping her of UN immunity. Earlier in 2025, Albanese faced US sanctions, which the plaintiffs say further weakens her protection claims.
Attorney Mark Goldfeder, CEO of the National Jewish Advocacy Center representing the plaintiffs, posted the South African authorisation letter online, challenging claims of irregularity. “You both love to lie, but please remember that the National Jewish Advocacy Center always brings receipts,” he wrote, addressing Albanese and Minister Kubayi. “Ball is in your court. We’ll see you in ours.”
This lawsuit is part of broader criticism of Albanese, who has been accused by groups like UN Watch of bias against Israel in her reports on Palestinian territories.
Government’s Response and Apology
On 26 October 2025, Justice Minister Mmamoloko Kubayi released a statement expressing regret over the unauthorised letter that led to the service. The department confirmed the process was irregular, as it bypassed required approvals from the Minister or Director-General, who heads the Central Authority for such matters.
Under Section 40(2) of the Superior Courts Act, foreign civil process requests must go through the Director-General to the Registrar, with the Minister’s indication that service is desirable. In this case, neither gave consent, making the action non-compliant.
Minister Kubayi instructed the withdrawal of the irregular service and extended an unconditional apology to Albanese, the Nelson Mandela Foundation (which hosted the lecture), and the United Nations. She also directed the Acting Director-General to start an internal consequence management process to investigate and hold accountable those involved.
The Minister, who was attending a UN conference in Vietnam at the time, promised to address the issue fully upon her return. The statement reaffirmed South Africa’s commitment to the rule of law, international obligations, and respect for diplomatic protocols.
Reactions from Involved Parties and Public
Albanese has not commented directly on the lawsuit details but expressed appreciation for South Africa’s handling of the diplomatic aspects. She declined further remarks on the incident.
Goldfeder’s public posting of the letter sparked debate, with some seeing it as evidence of initial approval, while others viewed the government’s quick apology as damage control to protect UN relations.
The Nelson Mandela Foundation, which organised the lecture, has not issued a public statement, but the apology included them, suggesting disruption to their event.
Public opinion is split: Supporters of Albanese see the service as harassment amid her advocacy for Palestinian rights, while critics argue it’s a needed step for accountability. Social media discussions highlight concerns over UN officials’ immunity and South Africa’s role in international law.
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