AfriForum's Private Prosecution Unit is taking action against Mbalula for comments made after the alleged rape of a seven-year-old girl at Bergview College in Matatiele in October 2024. The unit is supporting former principal Jaco Pieterse, who laid criminal complaints against Mbalula, EFF leader Julius Malema, and Eastern Cape Education MEC Fundile Gade. AfriForum said its immediate objective is to have Mbalula held criminally accountable for what it describes as a serious and unjustified attack on Pieterse's dignity.
On April 1, 2025, Mbalula addressed journalists after an ANC meeting and referred to the alleged rape while criticising AfriForum for representing Pieterse. Mbalula described Pieterse as "an animal" and said AfriForum was defending an animal. AfriForum argued that the comments could reasonably be understood as referring to Pieterse, even though Mbalula did not expressly name him. The organisation's case rests heavily on the circumstances surrounding Mbalula's comments.
In representations submitted to the National Prosecuting Authority (NPA) on August 13, 2026, Private Prosecution Unit head Advocate Gerrie Nel rejected the argument that the absence of Pieterse's name ended the matter. Nel said the question is not merely whether Pieterse's name was uttered, but whether the words, viewed in their full context and against the surrounding circumstances, were objectively understood to refer to him.
The dispute follows the NPA's decision not to prosecute anyone over the alleged rape. In May 2025, the authority said there was insufficient evidence to proceed. Its spokesperson said there was "no evidence of rape or sexual assault" after the child was interviewed and examined by medical practitioners and forensic social workers. Pieterse and a school caretaker, also represented by AfriForum's unit, had meanwhile faced a social-media campaign after the allegations became public.
Malema is also facing private prosecution over his statements concerning the case. The NPA confirmed in August that it had decided to prosecute him. AfriForum's spokesperson, Barry Bateman, said like Malema, Mbalula has also frequently turned to the courts when they have been allegedly falsely accused of having committed a crime. Bateman said Mbalula should understand the damage caused when people are publicly accused of crimes.
Bateman pointed to previous legal action involving Mbalula, in which the ANC leader challenged allegations linking him to the murder of Wandile Bozwana. In a judgment last year, Mbalula argued that being falsely accused caused ongoing harm to his reputation and dignity, resulting in anxiety, humiliation, and embarrassment. Bateman said the same principle should apply to Pieterse, who was publicly branded a child rapist without evidence.
AfriForum argued that Mbalula's remarks fundamentally violate Pieterse's right to dignity and wants the criminal justice system to determine whether Mbalula's remarks amounted to crimen injuria or not. The organisation said it will pursue the matter to ensure that Pieterse's rights are protected and that those who make unjustified attacks on others are held accountable.
Key points
- AfriForum is pushing ahead with a criminal prosecution against ANC secretary-general Fikile Mbalula over remarks he made about a former Eastern Cape school principal.
- Malema is also facing private prosecution over his statements concerning the case.
- The NPA had previously decided not to prosecute anyone over the alleged rape due to insufficient evidence.
