ANC Secretary General Fikile Mbalula to be prosecuted

ANC Secretary General Fikile Mbalula is set to be prosecuted for falsely accusing the former Bergview College principal, Jaco Pieterse, of rape.

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

Pieterse and the school’s caretaker, whom the unit also represents, have been the targets of a social media campaign.

The National Prosecuting Authority (NPA) declined to prosecute the case due to insufficient evidence.

Police Minister Senzo Mchunu apologised to Pieterse for identifying him as a suspect when he had never been considered one.

Amidst these issues, Mbalula condemned AfriForum’s Private Prosecution Unit for providing legal assistance to Pieterse.

He accused the lobby group of shielding a rape suspect rather than standing up for justice in South Africa.

“You see, when a person is sick, a rape of a 7-year-old, it is not a question of consciousness that you need to convert this person. It is an animal,” he said.

“AfriForum then goes and defends such people, it’s beyond animals, it’s cannibalism,” Mbalula added.

During his discussion about the issue, Mbalula also advocated that individuals accused of rape should not be entitled to bail.

Despite Pieterse being cleared of wrongdoing, Mbalula refused to apologise for his remarks about Pieterse.

In response, Pieterse filed charges of crimen injuria against Mbalula, EFF leader Julius Malema, and Eastern Cape Education MEC Fundile Gade.

In his affidavit, Pieterse asks that the rape docket be included as the first exhibit in his cases, citing the scope and extent of the lies told about him.

“The consequences of the reckless and malicious statements made against me have had an irreversible and devastating impact on every aspect of my life,” he said

Spokesperson for AfriForum’s Private Prosecution Unit, Barry Bateman, said the politicians’ comments were unjust and violated Pieterse’s dignity.

“Pieterse was publicly labelled a paedophile, a label that in society’s eyes is among the most irredeemable and damning,” Bateman said.

“South Africa has a rape crisis, we have a child abuse crisis, and being falsely accused of committing such a crime against a child is devastating.”

Although the National Prosecuting Authority initially refused to prosecute this case, it has changed its mind under pressure from AfriForum’s Private Prosecution Unit.

In the representations to the NPA on 13 August 2026, the head of the unit, Advocate Gerrie Nel, referred to Mbalula and the ANC’s public defence.

This defence was that his comments were about gender-based violence in general, and not in reference to Pieterse.

“The fact that Pieterse was not expressly named cannot, in the circumstances of this matter, be determinative,” Nel said.

“The question is not merely whether his name was uttered, but whether the words, viewed in their full context, were objectively understood to refer to him.”

“The evidence and surrounding circumstances must be considered in their totality. Every prosecutor must be aware of the value and strength of circumstantial evidence.”

Bateman said that Mbalula has frequently turned to the courts when have been allegedly falsely accused of having committed a crime.

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

“He must realise that publicly branding a career teacher a child rapist and an animal, fundamentally violates that teacher’s right to dignity.”

AfriForum’s Private Prosecution Unit believes a criminal court will agree with their view and convict Mbalula accordingly.

“This will send a clear message that there are consequences for politicians who use their public platforms to spread lies with scant regard for the consequences,” said Bateman.