ANC secretary general Fikile Mbalula will face prosecution for allegedly falsely accusing an Eastern Cape school principal of rape. AfriForum announced on Monday that the National Prosecuting Authority (NPA) had agreed to prosecute Mbalula for crimen injuria. This is the second case where AfriForum's private prosecution unit has succeeded in convincing the NPA to prosecute a politician for crimen injuria.
The case involves a child whose mother alleges she was raped at Bergview College in Matatiele, Eastern Cape, in October 2024. The NPA declined to prosecute the case due to a lack of evidence. However, Mbalula allegedly described the school principal, Jaco Pieterse, as an animal and stated that AfriForum was defending an animal. Pieterse and the school's caretaker were targets of a social media campaign started in November 2024.
AfriForum's private prosecution unit, led by Gerrie Nel, laid criminal complaints against Mbalula, EFF leader Julius Malema, and Eastern Cape education MEC Fundile Gade. The NPA confirmed in August that it had decided to prosecute Malema. Nel said that Mbalula's statements were made on April 1, 2025, during a media briefing after a party meeting.
Nel argued that Pieterse subjectively experienced an impairment of his dignity, which cannot be dismissed. The circumstances are particularly compelling given that Pieterse was publicly associated with the alleged rape of a seven-year-old child despite the fact that he had never been a suspect. The NPA had confirmed that there was no evidence that the child had been raped.
In addition to the crimen injuria case, Mbalula also faces an outstanding case related to his Dubai holiday in 2016 and 2017. The public protector's report, released in December 2019, recommended that the NPA look into the allegation that Sedgars Sports funded Mbalula's family holiday. Although the NPA decided not to prosecute anyone, AfriForum's unit made representations to National Director of Public Prosecutions Andy Mothibi in March.
Mothibi has instructed the Hawks to speedily finalize outstanding aspects of Mbalula's Dubai holiday case. Nel said that Mothibi's response indicated that further investigations were required to strengthen the state's case. AfriForum's unit reiterated that it is an uncomplicated matter and will await further communication from Mothibi.
The prosecution of Mbalula and Malema marks a significant development in the cases against them. AfriForum's private prosecution unit has been actively pursuing these cases, and their efforts have led to the NPA agreeing to prosecute the politicians. The cases will be closely watched as they progress through the courts.
Key points
- ANC secretary general Fikile Mbalula to face prosecution for allegedly falsely accusing a school principal of rape
- Mbalula also faces an outstanding case related to his Dubai holiday in 2016 and 2017
- AfriForum's private prosecution unit has been actively pursuing these cases, leading to the NPA agreeing to prosecute the politicians
