AfriForum wins NPA decision to charge Fikile Mbalula with crimen injuria

AfriForum has succeeded in persuading the National Prosecuting Authority (NPA) to institute a prosecution against ANC secretary-general Fikile Mbalula on a charge of crimen injuria, the civil rights organisation announced.

What AfriForum argued

AfriForum’s representations to the NPA were made in a submission on 13 August by advocate Gerrie Nel, head of its Private Prosecution Unit. In that submission AfriForum said the subject of the complaint, Jaco Pieterse, had experienced an impairment of his dignity after being publicly associated with an alleged rape.

AfriForum noted that Pieterse had never been a suspect and that the NPA had subsequently confirmed there was no evidence the child had been raped. The organisation said a criminal court should decide whether Mbalula’s public comments unlawfully harmed Pieterse’s dignity.

Comments that prompted the complaint

AfriForum’s spokesperson Barry Bateman said the organisation’s representations related to Mbalula addressing the media after a party meeting in April last year. According to the account, Mbalula referred to the alleged rape of a Bergview child and said:

“even more disgraceful is the involvement of organisations like AfriForum, who shields suspects, rather than standing for justice”.

The source says Mbalula also described Pieterse as an animal, and said AfriForum was defending an animal. At the time it was public knowledge that AfriForum represented Pieterse.

Background: the Bergview College allegation

The matter centres on a child whose mother alleges she was raped at Bergview College in Matatiele, Eastern Cape, in October 2024. Pieterse and the school’s caretaker were the targets of a social media campaign launched in November 2024 after the NPA initially declined to prosecute.

In May last year the NPA said it had decided not to prosecute because, according to its 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”.

Pieterse laid criminal complaints against Mbalula, Julius Malema, and Eastern Cape education MEC Fundile Gade.

Reaction from lawyers and AfriForum

Attorney Emile Myburgh welcomed the decision, saying it was

“absolutely wonderful”.

He argued that, like a false accusation of rape, such an allegation causes considerable harm and that “criminal injuria is a bit like defamation. But it’s so serious that it actually warrants prosecution. The person should be punished with the force of law, not just being forced to pay damages.”

Bateman said Mbalula has on other occasions turned to the courts when he has been allegedly falsely accused. Bateman added:

“Mbalula therefore fully understands the harm caused by falsely accusing someone of committing a crime.

“He must realise that publicly branding a career teacher a child rapist and an animal, without a shred of evidence to support such a claim, fundamentally violates that teacher’s right to dignity.”

Possible effects highlighted by legal sources

One legal source quoted in the material warned of lasting reputational and psychological harm. The source said:

“This guy might have suffered psychological harm. He might have been ostracised,”

and added:

“Only a court can convict someone. The mere fact that somebody has been accused of something means that person is stigmatised, often for the rest of their life.”

Previous related prosecution

The reporting notes that last month the NPA agreed to institute a prosecution of Julius Malema on the same charge of crimen injuria in relation to the Bergview matter.