ANC secretary-general Fikile Mbalula is set to face criminal prosecution for crimen injuria following remarks concerning former Bergview College principal Jaco Pieterse, after the National Prosecuting Authority reconsidered the matter.
The development follows representations from AfriForum’s Private Prosecution Unit, which has been supporting Pieterse after he lodged complaints against Mbalula, EFF leader Julius Malema and Eastern Cape Education MEC Fundile Gade.
The NPA has confirmed its decision to proceed against Mbalula, while Malema is also due to face prosecution in connection with remarks concerning Pieterse.
NPA Agrees to Prosecute Mbalula
AfriForum announced that the NPA had agreed that Mbalula should face a crimen injuria prosecution after the organisation challenged an earlier decision not to prosecute him.
NPA spokesperson Kaizer Kganyago confirmed that the Gauteng South Director of Public Prosecutions had communicated the decision to AfriForum.
According to the NPA, AfriForum approached prosecutors with additional evidence or information before the matter was reconsidered.
The decision represents a significant change in the case after AfriForum had been preparing for the possibility of pursuing Mbalula through private prosecution.
Case Centres on Former Bergview Principal Jaco Pieterse
The dispute stems from allegations surrounding a seven-year-old girl who was reported to have been sexually assaulted at Bergview College in Matatiele, Eastern Cape, in October 2024.
The case later generated widespread public attention and protests under the #JusticeForCwecwe campaign.
Pieterse subsequently became the subject of accusations linking him to the alleged assault.
However, prosecutors ultimately declined to institute a prosecution in relation to the alleged sexual assault after concluding there was insufficient evidence.
The NPA previously said it had found no conclusive evidence establishing that the child had been raped or sexually assaulted.
Pieterse Filed Complaints Against Three Political Figures
With assistance from AfriForum’s Private Prosecution Unit, Pieterse filed criminal complaints against Mbalula, Malema and Gade.
AfriForum argues that Pieterse’s reputation and dignity were seriously damaged by public statements associating him with an alleged crime despite him not being prosecuted over the original case.
The organisation has consequently pursued legal action against political figures it alleges publicly portrayed Pieterse as responsible.
Mbalula’s April 2025 Comments Under Scrutiny
AfriForum says the case against Mbalula relates specifically to remarks he made on April 1, 2025, while addressing journalists following an ANC meeting.
During those comments, Mbalula discussed the Bergview controversy and criticised AfriForum’s involvement.
According to AfriForum, Mbalula accused organisations such as the lobby group of shielding suspects rather than supporting justice.
The organisation also says he referred to Pieterse as an “animal.”
Those remarks now form part of the crimen injuria case that prosecutors have decided to pursue.
AfriForum Says Pieterse Was Never a Suspect
AfriForum’s head of private prosecutions, advocate Gerrie Nel, argued that the circumstances surrounding the case made the alleged harm to Pieterse particularly serious.
Nel said Pieterse had been publicly associated with an alleged sexual assault involving a seven-year-old child despite, according to AfriForum, never having been treated as a suspect.
He also pointed to the NPA’s subsequent decision not to prosecute anyone over the alleged sexual assault.
For AfriForum, those circumstances strengthen its argument that statements concerning Pieterse caused substantial damage to his dignity and reputation.
AfriForum Challenges ANC’s Interpretation of Remarks
The organisation said it also addressed arguments that Mbalula’s comments had been directed at gender-based violence generally rather than specifically at Pieterse.
AfriForum’s Private Prosecution Unit submitted representations to the NPA on August 13, 2026, asking prosecutors to reconsider the case.
The unit argued that the context surrounding Mbalula’s statements meant they could reasonably be understood as referring to Pieterse.
The decision to prosecute means those allegations can now be tested through the criminal justice process.
Barry Bateman Says Mbalula Understands Damage Caused by Accusations
AfriForum Private Prosecution Unit spokesperson Barry Bateman also pointed to Mbalula’s previous legal responses when he himself had faced serious allegations.
Bateman argued that Mbalula had previously approached courts when allegations threatened his own reputation and dignity.
“Mbalula therefore fully understands the harm caused by falsely accusing someone of committing a crime,” Bateman said.
AfriForum alleges that publicly associating Pieterse with the alleged sexual assault and describing him as an animal amounted to a fundamental violation of his dignity.
Whether Mbalula is criminally liable for the remarks will ultimately be a matter for the court to determine.
Malema Also Faces Prosecution Over Bergview Remarks
Mbalula is not the only prominent politician facing legal proceedings arising from comments about Pieterse.
The NPA confirmed in August that EFF leader Julius Malema would also be prosecuted for crimen injuria over remarks concerning the former principal.
AfriForum has described the Mbalula decision as the second case in which its Private Prosecution Unit persuaded the NPA to prosecute a politician in connection with statements about Pieterse.
Gerrie Nel said the prosecution should demonstrate that public figures are not exempt from legal consequences for statements they make.
Original Bergview Case Sparked Nationwide Anger
The underlying allegations at Bergview College became a major national controversy after details circulated publicly.
Campaigners rallied behind the #JusticeForCwecwe movement, demanding answers over what was alleged to have happened to the young girl.
The intense public reaction also resulted in widespread accusations being circulated online and through political commentary.
However, the NPA ultimately decided there was insufficient evidence to prosecute anyone over the alleged rape or sexual assault.
That prosecutorial decision is separate from the crimen injuria proceedings now involving statements allegedly made about Pieterse.
Criminal Case Against Mbalula Now Moves Forward
The NPA’s latest decision means Mbalula will now have to respond to the crimen injuria allegation through the criminal justice system.
AfriForum welcomed the development, arguing that prominent political status should not place anyone beyond accountability.
Nel said the organisation hoped the case would send a message that statements made publicly or online can have legal consequences.
Mbalula, like any accused person, remains presumed innocent unless and until guilt is established in court.
The prosecution will now determine whether the remarks attributed to the ANC secretary-general meet the legal requirements for crimen injuria and whether the state can prove the charge beyond reasonable doubt.
