‘See you in court,’ lawyers tell Albanese

The legal storm surrounding United Nations Special Rapporteur Francesca Albanese has intensified, with the United States-based National Jewish Advocacy Center (NJAC) confirming that she has now been served electronically in a US civil lawsuit after a messy attempt in Johannesburg last weekend. 

“We also served her over email and at her office so there would be no excuses,” said Mark Goldfeder, the director of the NJAC. Goldfeder told the SA Jewish Report, “If she doesn’t show up, we will proceed without her.” 

The confirmation follows a chaotic attempt on Saturday, 25 October, by the Sheriff of the High Court to hand Albanese a summons at the Nelson Mandela Foundation’s 23rd Annual Lecture in Johannesburg, where she was guest of honour. A sheriff and local attorney acting for the NJAC tried to approach her under Section 40 of the Superior Courts Act following her lecture at the Sandton Convention Centre. 

Albanese, a fierce and outspoken critic of Israel who has been accused of antisemitism and sympathising with Hamas, is being sued in the US District Court of Colorado by two American Christian organisations – Christian Friends of Israeli Communities, and Christians for Israel USA – for defamation, trade libel, and interference with economic advantage. 

Earlier this year, US Secretary of State Marco Rubio imposed sanctions on Albanese accusing her of spewing “unabashed antisemitism”. 

The US complaint, filed on 8 September 2025, stems from a report Albanese released earlier this year accusing companies and faith-based groups with ties to Israel of being “complicit in war crimes and crimes against humanity”. 

On 26 October, Minister of Justice and Constitutional Development Mmamoloko Kubayi issued a statement attempting to distance the South African government from the embarrassing episode which took place at the Convention Centre. 

The minister apologised for what she called the “irregular service of process”. She explained that neither she nor the director-general had authorised it, as required under Section 40 (2) of the Superior Courts Act, which mandates that foreign civil procedures must be transmitted through the justice department with ministerial approval. 

Kubayi described the service attempt as “irregular”, and said she had withdrawn it, offering an “unconditional apology” to Albanese, the Nelson Mandela Foundation, and the United Nations. The statement also promised an internal investigation and “consequence-management process” for the officials involved. The minister reaffirmed South Africa’s commitment to “respect for international law and diplomatic obligations”. 

NJAC immediately rejected the government’s explanation, releasing what it says is written proof of official authorisation. 

Responding directly on X, Goldfeder wrote: “Dear @FranceskAlbs and Minister @mmkubayi: You claim that service was unauthorized? Here is the authorization letter, signed, sealed, and delivered. You both love to lie, but please remember that @NJACLaw always brings receipts. Ball is in your court; we’ll see you in ours.” 

He told the SA Jewish Report that the government’s apology amounted to political interference to protect a UN official aligned with Hamas-friendly rhetoric. 

“Everything was done according to the law and with official authorisation,” he said. “The paperwork was processed correctly, and the service is valid whether Albanese likes it or not.” 

“Shockingly, rather than aiding NJAC’s process servers, including a sheriff, in carrying out service pursuant to the authorisation they had received from the Department of Justice and Constitutional Development, South African government officials at the Nelson Mandela lecture aided Albanese’s attempts to evade service,” said Goldfeder. 

“Albanese accuses American Christian Zionists of war crimes and threatens them with legal retribution, but hides when faced with service of a complaint in a civil suit,” he said. “Albanese’s cowardly – and failed – attempts to duck service, and the corrupt assistance in this that she received from the South African government, are an affront to the US justice system. To Albanese we say, ‘Stop hiding. We’ll see you in court.’” 

Goldfeder confirmed that in addition to the in-person attempt in Johannesburg, the NJAC has now served Albanese by email and at her official office, ensuring that she cannot claim she was unaware of the proceedings. 

He said the case would continue in the US regardless of South Africa’s position. “We have done everything required under law. If she chooses not to appear, we will proceed without her.” 

Albanese’s invitation to deliver the Mandela lecture, under the patronage of former Department of International Relations and Cooperation Minister Dr Naledi Pandor, provoked anger from the community. 

Pandor, an outspoken critic of Israel who has met Hamas and Hezbollah representatives, praised Albanese as a courageous human rights advocate. 

Although condemned internationally for her anti-Israel remarks, Albanese was hero-worshipped by South Africa’s pro-Palestinian establishment during her visit. Her lecture drew a crowd of activists, diplomats, and politicians, who treated her like a celebrity figure. She was applauded as a champion of “justice for Palestine”, and hailed by the African National Congress and allied lobby groups. 

The atmosphere of adulation made the sudden attempt to serve her with court papers all the more startling, an unexpected and embarrassing moment for both Albanese and the South African government. 

The incident also sparked debate about whether Albanese enjoys full diplomatic or UN immunity while visiting South Africa. Legal observers note that though UN special rapporteurs hold limited functional privileges when carrying out official duties, they aren’t full UN diplomats. 

The government’s quick apology and withdrawal of the service have therefore prompted criticism that South Africa may have overreached in trying to shield her. 

Albanese remains a deeply divisive figure. To her supporters, she is a courageous advocate for Palestinian rights. To her critics, she is a partisan activist who abuses her UN platform to vilify Israel while excusing Hamas’s violence. 

The Johannesburg confrontation and government apology have fuelled heated debate online, much of it laced with antisemitic abuse. Supporters of Albanese called the service attempt a “Zionist plot”, while critics accused the government of shielding a UN official from accountability. 

The Nelson Mandela Foundation said the incident was regrettable, and welcomed the apology by the minister. 

For Albanese, it has become a legal battle that will follow her far beyond the podium.