Kubayi Apologises to Albanese Over Court Documents Blunder

(The Post News)– On Sunday, 26 October 2025, the Department of Justice issued a formal apology to the United Nations Special Rapporteur on the Occupied Palestinian Territories, Francesca Albanese. The apology comes after an official in the department issued an unauthorized letter leading to a sheriff approaching Albanese with court papers on Saturday, 25th October 2025.

This transpired after Albanese, who is an Italian law expert specializing in human rights and the Middle East, delivered the 23rd Nelson Mandela Annual Lecture, in which she said, “I think 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 Responsibility of Service of Process Approval

The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, revoked the unauthorized process while also issuing a formal apology to Albanese, the United Nations, and the Nelson Mandela Foundation.

Ministry spokesperson Terrance Manase stated that the attempts to serve Ms. Albanese did not adhere to the necessary guidelines. In addition to offering an unconditional apology to Ms. Albenese, the Nelson Mandela Foundation, and the UN, the minister has directed that this illegal service of process be retracted.

The papers that were issued to Albanese are currently in a status of unclarity; however, Manase asserted that the aforementioned request for process service, allegedly made by the Christian Friends of Israeli Communities and Christians for Israel, USA, was not implemented by the Director-General or the Minister.

Meanwhile, the Nelson Mandela Foundation issued more information on the 26th of October, 2025, stating that it is unfortunate that the attempt by the Christian Friends of Israeli Communities, Christians for Israel, USA, to serve court documents to Ms. Albanese for claimed defamation interrupted the media engagement after the event, which included more digging of important problems we had anticipated.

“We welcome the Department of Justice and Constitutional Development’s acknowledgment that the service of the process was irregular and its consequent apology to Ms. Albanese, the UN, and the Foundation,” the foundation noted.

Section 40(2) of the Superior Courts Act requires that a request for the service of any civil process on an individual in the Republic of South Africa received from any state or territory be transmitted to the registrar of a division by the Director-General of the Department with an intimation that the Minister considers it desirable that effect should be given to such for survival purposes.

Albanese’s Career Journey

Albanese is the first female to serve as the United Nations Human Rights Council-appointed Special Rapporteur in regard to the situation of human rights in the Palestinian territories occupied since 1967 and has had a remarkable career in human rights.

She has been employed in various UN agencies, focusing on refugees, displacement, and North Africa alongside the Middle East for over 2 decades. In her role as a special rapporteur, her job description is inclusive of investigating and reporting on human rights violations within the occupied Palestinian territories, including the West Bank and Gaza.

In July 2023, Albanese submitted a report asserting and confirming that Israel’s carceral practices in the occupied territory are characterized by large-scale detention, dual legal surveillance, and legal systems. These have the capabilities of constituting international crimes, including elements of apartheid and settler-colonial domination.