Neelam Rahim | neelam@radioislam.co.za
3-minute read
28 October 2025 | 18:20 CAT

📸UN Special Rapporteur Francesca Albanese was served unauthorized court papers during her visit to South Africa, prompting a formal DOJ&CD apology.

A major procedural lapse in the Department of Justice and Constitutional Development (DOJ&CD) has drawn international attention after UN Special Rapporteur Francesca Albanese was mistakenly served with court papers while in South Africa.

The incident occurred during Albanese’s participation in events hosted by the Nelson Mandela Foundation, where she was addressing human rights issues in the Palestinian territories. DOJ&CD officials have since confirmed that the legal action was unauthorized.

Terrence Manase, the department’s spokesperson, explained the sequence of events in an interview with Radio Islam International: “We were not in the country when this information reached us. It emerged that an official issued a letter without approval, resulting in a sheriff serving Ms. Albanese. This action was taken without the knowledge of either the minister or the Director General, who are the only authorities empowered to approve such service under Section 40, Subsection 2 of the Superior Court Act.”

The department moved swiftly to rectify the situation. Manase added that the minister had instructed for the irregular service to be withdrawn immediately and extended an “unconditional apology” to Ms. Albanese, the Nelson Mandela Foundation, and the United Nations.

Questions remain over the content of the court papers, which are yet to be clarified. Observers say the timing of the service, during high-profile events, has raised serious concerns over the DOJCD’s adherence to legal protocols.

Regarding accountability, Manase confirmed that internal disciplinary procedures are underway. “The minister has instructed the acting Director General to oversee consequence management, and she will personally join the process when she returns to the country. It is still early, but appropriate measures are being considered,” he said.

The incident has sparked wider criticism over the department’s handling of sensitive legal matters, particularly those involving international representatives. Experts stress that such errors undermine both domestic credibility and diplomatic relations.

The DOJ&CD has pledged to provide updates as the investigation progresses. Meanwhile, Albanese’s visit continues to focus on human rights advocacy and highlighting conditions in the Palestinian territories, drawing local and international attention.

Listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany and Terrence Manase.