Kubayi apologises to UN Rapporteur Francesca Albanese after ‘irregular court service’ [VIDEO]

Albanese praised South Africa for its role in advancing justice, following its decision to take Israel to the ICJ.


The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has apologised to the United Nations Special Rapporteur on the Occupied Palestinian Territories, Francesca Albanese, after she was irregularly served with court papers by a sheriff.

The Italian human rights lawyer and author delivered the 23rd Nelson Mandela Annual Lecture at the Sandton Convention Centre on Saturday evening, 25 October 2025.

Criticism

Critics, including the South African Jewish Board of Deputies (SAJBD), have accused Albanese of antisemitic bias.

“The Nelson Mandela Foundation (NMF)  was once a symbol of unity, integrity, and reconciliation,” said South African Jewish Board of Deputies (SAJBD) National Director, Wendy Kahn.

“Today, under the chairpersonship of Dr Naledi Pandor and the platforming of Francesca Albanese, it has become something else entirely, a stage for antisemitism disguised as human rights advocacy. Two women, both repeatedly accused of antisemitic bias, now stand together under the banner of the Mandela name, not to bring South Africans together, but to unite them in hate.”

During the lecture, Albanese said supporting Palestine’s self-determination was “not an act of charity.

“This should be a binding obligation on all states.”

ALSO READ: Plight of Palestinians no longer about occupation, but survival — Minister Kubayi

‘Not approved’

Kubai said her department has established that the service of the court papers was effected without the knowledge or approval of either her or the Director-General, who serves as the Head of the Central Authority, even though the latter is legally mandated to authorise such actions under Section 40(2) of the Superior Courts Act.

Kubai spokesperson Terence Manase said that according to the law, any request from another country to serve civil court documents in South Africa must first be approved by the minister and transmitted through the Director-General.

“Neither the Director General nor the Minister gave effect to the above request for service of the process, which was a request purportedly made by the Christian Friends of Israeli Communities, Christians for Israel, USA.

“The attempt to serve Ms Albanese did not comply with the required prescripts. The Minister has instructed that this irregular service of process be withdrawn and extends an unconditional apology to Ms. Albanese, to the Nelson Mandela Foundation and the United Nations (UN),” Manase said.

Investigation

Kubayi has also instructed the Acting Director-General to launch an internal investigation and implement consequences.

The minister, who is currently in Vietnam attending a UN conference on cybercrime, confirmed that the department “remains committed to upholding the rule of law and South Africa’s international obligations.”

ALSO READ: Mandela’s wife blasts Israel for interception of Global Sumud Flotilla [VIDEO]

SA praised

Earlier during the lecture,  Albanese praised South Africa for its role in advancing justice, following its decision to take Israel to the International Court of Justice (ICJ) over its operations in Gaza.

“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.

“And in doing so, you prove again who you are, heirs of Nelson Mandela, in this conviction that justice must be lived, not merely spoken. And in a few days, I will have the privilege to present my last report to the United Nations Assembly called Gaza Genocide: A Collective Crime. And I will do that from Cape Town,” Albanese said.

Dirco on ICJ advisory opinion

Earlier this week, the Department of International Relations and Cooperation (Dirco) said the ICJ’s findings that Israel was an “occupying power” in Gaza underscores that there is no legal ambiguity regarding Israel’s obligations.

Pretoria welcomed the ICJ’s advisory opinion issued by the International Court of Justice (ICJ) on Tuesday, 22 October 2025.

Ruling

The ICJ ruled that Israel must allow aid into Gaza, and its restrictions on doing so over the past two years have put it in breach of its obligations.

ICJ President Yuji Iwasawa said Israel was “under an obligation to agree to and facilitate relief schemes provided by the United Nations and its entities”.

ALSO READ: SA won’t drop ICJ case against Israel, even if Trump waives restrictions – Dirco

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