South Africa's Department of Justice and Constitutional Development has issued an apology to United Nations Special Rapporteur Francesca Albanese after an unauthorised attempt to serve her with court papers disrupted an event in her honour. The incident occurred following Albanese's delivery of the 23rd Nelson Mandela Annual Lecture in Johannesburg. Minister Mmamoloko Kubayi withdrew the irregular process and extended regrets to Albanese, the Nelson Mandela Foundation and the UN.
On Saturday, 25 October 2025, a sheriff approached Francesca Albanese, the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, to serve her with court papers during media engagements after her lecture in Johannesburg. This followed an unauthorised letter issued by an official in the Department of Justice and Constitutional Development, which did not comply with legal prescripts under Section 40(2) of the Superior Courts Act. The request for service reportedly came from the Christian Friends of Israeli Communities and Christians for Israel, USA, alleging defamation against Albanese.
Albanese, an Italian international law expert with over two decades of experience in human rights, focusing on refugees, displacement and the Middle East/North Africa, had just delivered the 23rd Nelson Mandela Annual Lecture on 25 October 2025. In her speech, she reflected on Mandela's legacy and its relevance to the Palestinian struggle, stating: “I think that South Africa’s legacy shows us that no system of oppression can endure forever, and against all odds, the people united can truly challenge and change the course of history.”
The Nelson Mandela Foundation described the incident as a regrettable disruption to anticipated media probing of key issues, welcoming the department's acknowledgement of the irregularity. On Sunday, 26 October 2025, Minister of Justice and Constitutional Development Mmamoloko Kubayi instructed the withdrawal of the process. Department spokesperson Terrence Manase explained: “The attempt to serve Ms Albanese did not comply with the required prescripts. Neither the director-general nor the minister gave effect to the above request for service of the process.” He added that service of process is a formal legal procedure for delivering court documents based on requests from other countries.
Manase confirmed the minister's unconditional apology to Albanese, the foundation and the United Nations. The exact nature of the court papers remains unclear, but the episode highlights procedural lapses in handling international legal requests during a high-profile event honouring Mandela's commitment to global justice.