ANC secretary-general Fikile Mbalula is set to face prosecution for crimen injuria after the National Prosecuting Authority (NPA) agreed to pursue a case linked to comments he made about former Bergview College principal Jaco Pieterse.
The development follows representations by AfriForum’s Private Prosecution Unit, which challenged the NPA’s earlier decision not to prosecute Mbalula.
The case stems from the controversy surrounding allegations of sexual assault at Bergview College in Matatiele, Eastern Cape, in October 2024. A mother had alleged that her daughter was raped at the school, with the principal and a caretaker becoming the focus of public attention.
However, the NPA subsequently declined to prosecute anyone in connection with the alleged rape, saying there was no evidence of rape or sexual assault after the child was interviewed and examined by medical practitioners and forensic social workers.
What Mbalula allegedly said
The criminal complaint against Mbalula relates to comments he made on 1 April 2025 while addressing the media following an ANC meeting.
According to AfriForum, Mbalula discussed the alleged rape and criticised the organisation for representing people connected to the matter.
AfriForum’s Private Prosecution Unit says Mbalula referred to Pieterse as an “animal” and questioned why AfriForum would defend someone accused of raping a child. The organisation argues that the comments were understood in the context of the allegations against Pieterse and therefore impaired his dignity.
Mbalula’s position, as previously reported, was that his comments concerned gender-based violence more generally and were not directed at Pieterse personally.
Pieterse and the school’s caretaker were subsequently represented by AfriForum’s Private Prosecution Unit after becoming the subjects of a social media campaign surrounding the allegations.
AfriForum challenges the NPA decision
AfriForum head of Private Prosecutions, Advocate Gerrie Nel, said the organisation challenged the original decision not to prosecute Mbalula after examining the criminal docket.
Nel said AfriForum made representations to Gauteng Director of Public Prosecutions Advocate Andrew Chauke on 13 August 2026, arguing that the earlier decision was irrational.
The NPA has now confirmed that the representations were successful and that Mbalula will be prosecuted for crimen injuria in the Johannesburg Regional Court.
“We indicated that decision was irrational. We indicated in our representations that it was a clear instance of selective prosecution or a lack of insight by a prosecutor,” Nel said.
He added that the decision should demonstrate that public figures cannot make statements that allegedly impair another person’s dignity without potential legal consequences.
“This decision to prosecute must send out a strong message that one cannot say or post what you want to. There will be consequences,” Nel said.
What is crimen injuria?
Crimen injuria is a common-law offence in South Africa involving the unlawful, intentional and serious impairment of another person’s dignity or privacy.
South African courts have held that the offence protects a person’s dignity and personality rights, with both subjective and objective considerations relevant to determining whether dignity was seriously impaired.
It is different from ordinary defamation, which primarily concerns damage to a person’s reputation. Crimen injuria can, however, arise from serious verbal or other conduct that unlawfully violates a person’s dignity.
The charge does not mean that Mbalula has been found guilty. The allegations will have to be tested through the criminal justice process.
Mbalula’s political career
Mbalula is one of the ANC’s most prominent political figures and has held a succession of senior positions in government and the party.
He became involved in youth politics during the 1980s and rose through the ranks of the ANC Youth League, serving as its secretary-general from 1998 to 2004 and president from 2004 to 2008.
He entered Parliament in 2009 and subsequently served as deputy minister of police, minister of sport and recreation, minister of police and, later, minister of transport. According to the South African government’s official profile, he served as transport minister from May 2019 until March 2023 and as police minister from March 2017 to February 2018.
Mbalula became ANC secretary-general following the party’s 55th National Conference and remains one of the central figures in the governing party’s national leadership.
His public profile has frequently placed him at the centre of political controversy, partly because of his outspoken style and high-profile statements.
Malema faces a related prosecution
Mbalula is not the only senior politician facing prosecution arising from the Bergview College controversy.
EFF leader Julius Malema is also set to face a crimen injuria case involving comments about Pieterse.
AfriForum says Pieterse laid complaints against Mbalula, Malema and Eastern Cape Education MEC Fundile Gade after the public controversy surrounding the allegations.
The NPA confirmed in August that it had decided to prosecute Malema, while its latest decision means Mbalula will now face a separate matter in the Johannesburg Regional Court.
AfriForum has also said it is considering further legal action in relation to comments made by EFF deputy president Godrich Gardee.
The Bergview College controversy
The legal cases cannot be separated from the original allegations at Bergview College.
The controversy began after allegations that a young girl had been sexually assaulted at the Matatiele school in October 2024. The allegations generated significant public and political attention, with calls for accountability directed at people associated with the school.
The NPA ultimately decided not to prosecute anyone in relation to the alleged sexual assault, citing a lack of evidence after the child underwent interviews and examinations.
The decision subsequently became important to the complaints against politicians who publicly associated Pieterse with the alleged crime.
AfriForum argues that Pieterse was never a suspect in the criminal case and that the later NPA finding made the public statements against him particularly serious. Nel argued in the representations that Pieterse had been publicly associated with the alleged rape of a seven-year-old child despite not having been a suspect.
Another legal matter involving Mbalula
The crimen injuria case comes as AfriForum continues to pursue other matters involving Mbalula.
The organisation has also challenged the handling of investigations into a 2016 family holiday to Dubai, which was previously the subject of findings by the Public Protector.
TimesLIVE reported that National Director of Public Prosecutions Andy Mothibi had instructed the Hawks to speedily finalise outstanding aspects of that investigation after AfriForum made representations. The NPA had previously decided not to prosecute in the matter, but further investigations have now been called for.
Mbalula has previously denied wrongdoing in relation to the Dubai matter.
For now, the Bergview-related prosecution places the ANC secretary-general before the criminal courts over allegations that his public remarks unlawfully impaired Pieterse’s dignity.
The matter will ultimately be determined through the court process rather than by the announcement of the prosecution itself.
