AfriForum Confirms Charges Against Mbalula Over Bergview Principal Rape Claims

ANC secretary-general Fikile Mbalula is set to face criminal prosecution over comments linking a former Eastern Cape school principal to the alleged rape of a child. AfriForum’s Private Prosecution Unit confirmed that the National Prosecuting Authority (NPA) has agreed to prosecute Mbalula for crimen injuria, after the organisation made representations on behalf of Jaco Pieterse.

The case stems from allegations surrounding Bergview College in Matatiele, where the mother of a seven-year-old girl claimed in 2024 that her daughter had been raped. The NPA subsequently declined to prosecute anyone in connection with the allegations, citing insufficient evidence of rape or sexual assault.

AfriForum said Pieterse, who was the school’s principal at the time, and the school caretaker were subjected to public accusations and social-media attacks after the NPA decision. Pieterse, with the assistance of AfriForum’s Private Prosecution Unit, had laid criminal complaints against Mbalula, EFF leader Julius Malema and Eastern Cape Education MEC Fundile Gade.

Mbalula Faces Crimen Injuria Prosecution

The decision follows comments Mbalula made while addressing the media on 1 April 2025 after an ANC meeting. While discussing the Bergview allegations, Mbalula criticised AfriForum for supporting Pieterse and said: “even more disgraceful is the involvement of organisations like AfriForum, who shield suspects rather than standing for justice.”

AfriForum alleges that the remarks amounted to a serious attack on Pieterse’s dignity because they portrayed him as responsible for a crime that the NPA had determined could not be prosecuted on the available evidence. Reports on the NPA decision indicate that investigators found insufficient evidence to establish rape or sexual assault.

The NPA has now confirmed that Mbalula will face a crimen injuria charge in the Johannesburg regional court. NPA spokesperson Kaizer Kganyago confirmed that the Gauteng Director of Public Prosecutions had communicated the decision to AfriForum.

YOU MAY ALSO LIKE: ANC Loses Electoral Court Bid Over 181 Candidates Ahead Of Local Government Elections

“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,” said spokesperson for the unit Barry Bateman.

Julius Malema Also Facing Prosecution

Mbalula will now join Julius Malema in facing prosecution arising from the same Bergview controversy. In August, the NPA confirmed that Malema would be prosecuted for crimen injuria following representations by AfriForum over his alleged statements about Pieterse.

AfriForum said Malema had publicly accused Pieterse of being a child rapist and allegedly suggested that he was a serial child offender. The organisation has argued that those statements were made despite the NPA ultimately declining to prosecute anyone over the original allegations.

YOU MAY ALSO LIKE: Fannie Masemola Charges Withdrawn Over R360 Million SAPS Tender

In Malema’s case, the NPA instructed that prosecution be instituted in the Johannesburg Magistrates’ Court after AfriForum challenged the earlier lack of a prosecution decision. SABC News reported that the Gauteng prosecution authority accepted AfriForum’s representations and authorised the case to proceed.

“AfriForum’s Private Prosecution Unit believes a criminal court will agree, convict him accordingly, and send a clear message that there are consequences for politicians who use their public platforms to spread lies with scant regard for the consequences,” Bateman said.

Bergview Rape Allegations Led To Political Fallout

The original controversy began after a mother alleged that her daughter had been raped at Bergview College in October 2024. Pieterse and the school caretaker were subsequently linked publicly to the allegations, but the NPA later decided that there was insufficient evidence to proceed with a prosecution.

AfriForum’s Private Prosecution Unit subsequently became involved after Pieterse lodged complaints against Mbalula, Malema and Gade. The organisation said the complaints were based on statements made publicly about Pieterse following the allegations.

The NPA’s latest decision means Mbalula will now face a criminal case over the alleged remarks, while Malema’s prosecution is also set to proceed. AfriForum confirmed that both matters will be prosecuted in Gauteng.