The case centres on allegations that a former school principal was wrongly labelled a child rapist despite no prosecution.
AfriForum’s pressurising of the National Prosecuting Authority (NPA) into putting ANC secretary-general Fikile Mbalula alongside EFF leader Julius Malema in the dock on charges of crimen injuria for allegedly falsely accusing someone of being a child rapist, has forced the criminal justice system to acknowledge no one is above the law.
That’s the view of lawyers, following the AfriForum announcement yesterday that their lobbying of the NPA to have Mbalula charged had paid off. Last month, the NPA agreed to institute a prosecution of Malema on the same charge.
Lawyers welcome the NPA’s decision
Attorney Emile Myburgh said he thought the news was “absolutely wonderful”.
Like a false accusation of rape, “such an accusation does cause tremendous harm to someone, which seems to be the case here and that is exactly why criminal injuria is there”.
“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,” said Myburgh.
“You can’t just go around making such serious accusations.”
Allegations linked to the Bergview College case
AfriForum’s decision on Mbalula was the second case where the civil rights organisation has succeeded in convincing the NPA that a politician should be prosecuted for crimen injuria.
Mbalula allegedly branded Jaco Pieterse, the former Bergview College principal, a child rapist.
“Pieterse laid criminal complaints against Mbalula, Malema, as well Eastern Cape education MEC Fundile Gade. The NPA confirmed in August that the decision was made to prosecute Malema,” said Myburgh.
AfriForum spokesperson Barry Bateman said the organisation’s representations to the NPA involved Mbalula addressing the media, following a party meeting in April last year.
In his comments, Mbalula referred to the alleged rape of a Bergview child, adding “even more disgraceful is the involvement of organisations like AfriForum, who shields suspects, rather than standing for justice”.
At the time, it was public knowledge that AfriForum represented Pieterse.
Mbalula went further to describe Pieterse as an animal, and that AfriForum was defending an animal.
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 AfriForum also represents, were the targets of a vicious social media campaign started in November that same year, when the NPA declined to prosecute the case due to a lack of evidence.
In May last year, the NPA confirmed it had decided not to prosecute anyone in connection with the alleged rape because, according to the NPA’s 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”.
AfriForum says dignity was unlawfully harmed
In the representations to the NPA on 13 August, AfriForum’s Private Prosecution Unit head advocate Gerrie Nel said: “The fact that Pieterse subjectively experienced an impairment of his dignity cannot simply be dismissed.
“The circumstances are compelling, given that he was publicly associated with the alleged rape of a seven-year-old child, despite the fact that he had never been a suspect and despite the subsequent confirmation of the NPA that there was no evidence the child had been raped.”
Bateman said like Malema, Mbalula has also frequently turned to the courts when he has been allegedly falsely accused of having committed a crime.
“In a judgment last year, Mbalula argued being falsely accused caused ongoing harm to his reputation and dignity, resulting in anxiety, humiliation and embarrassment,” he said.
“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.”
Legal experts warn of lasting reputational harm
He said AfriForum 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”.
Another legal source said the damage from these allegations was immense.
“This guy might have suffered psychological harm. He might have been ostracised,” said the source.
“But I would not be surprised if this guy will have to consult a psychologist for an extended period of time to overcome the stigma.
“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.”