Mbalula faces prosecution for alleged crimen injuria over principal rape claim

ANC secretary general Fikile Mbalula will join EFF leader Julius Malema in facing prosecution for allegedly falsely accusing an Eastern Cape school principal of rape, AfriForum announced on Monday.

The organisation said this is the second case where AfriForum’s private prosecution unit has succeeded in convincing the National Prosecuting Authority (NPA) that a politician should be prosecuted for crimen injuria after allegedly branding Jaco Pieterse, the former Bergview College principal, a child rapist.

The unit also said National Director of Public Prosecutions Andy Mothibi has instructed the Hawks to speedily finalise outstanding aspects of Mbalula’s Dubai holiday case. This is after the NPA decided in 2023 it would not prosecute Mbalula in relation to a family holiday between December 2016 and January 2017.

“With the support of the unit, Pieterse laid criminal complaints against Mbalula, Malema, as well Eastern Cape education MEC Fundile Gade. The NPA confirmed in August that the decision was made to prosecute Malema,” head of the unit Gerrie Nel said on Monday.

The case involves a child whose mother alleges she was raped at the Bergview College in Matatiele, Eastern Cape, in October 2024.

Nel said on April 1 2025, Mbalula was addressing the media after a party meeting, where he referred to the alleged rape of the Bergview child, adding that “even more disgraceful is the involvement of organisations like AfriForum, who shield suspects rather than standing for justice”.

Nel said Mbalula went further to allegedly describe Pieterse as an animal and state that AfriForum was defending an animal.

Pieterse and the school’s caretaker, who the unit also represents, were the targets of a vicious social media campaign started in November 2024 after the NPA declined to prosecute the case due to a lack of evidence.

In May last year, the NPA confirmed it had decided not to prosecute anyone in connection with the alleged rape because, according to the NPA’s spokesperson, “there is no evidence of rape or sexual assault after the minor girl was interviewed and examined by medical practitioners and forensic social workers”.

Nel said in its representations to Gauteng director of public prosecutions Andre Chauke in August, the unit indicated that the prosecutor’s decision not to prosecute Mbalula was irrational.

“We received communication today that our representations were successful, and Mbalula will be charged with crimen injuria in the Johannesburg regional court,” Nel said.

He said the fact that Pieterse subjectively experienced an impairment of his dignity could not simply be dismissed.

“The circumstances are particularly compelling given that he was publicly associated with the alleged rape of a seven-year-old child despite the fact that he had never been a suspect and despite the subsequent confirmation of the NPA that there was no evidence that the child had been raped,” said Nel in his representations to Chauke.

On the Dubai holiday matter, Nel said the unit had made representations to Mothibi in March.

This matter relates to the public protector’s report, released in December 2019, recommending that the NPA look into the allegation that Sedgars Sports funded Mbalula’s family holiday when he was minister of sport, arts and culture.

A police docket was registered in 2019 but the NPA decided not to prosecute anyone, saying there was no evidence supporting allegations of criminal activity.

“We received a response from the office of the NDPP on September 9 2026. Mr Mothibi indicated that he had considered the report by the director of public prosecutions, who had refused to prosecute. He considered all available evidence and said that further investigations were required to strengthen the state’s case,” Nel said.

Nel said Mothibi’s response to the 2023 decision by the director of public prosecutions indicated yet again an eagerness not to prosecute.

“Months after our representations, Mr Mothibi realised that further investigations are required. We will await further communication from Mothibi. We reiterate that it is an uncomplicated matter,” Nel said.