AfriForum want ANC Secretary-General Fikile Mbalula prosecuted for crimen injuria over comment made about a school principal.
ANC Secretary-General Fikile Mbalula. Picture: Gallo Images / Sharon Seretlo
The ANC has publicly defended its secretary-general (SG) Fikile Mbalula in a potential legal battle being pursued by AfriForum.
Mbalula could face crimen injuria charges in connection with comments made about the then-principal of Bergview College Jaco Pieterse and the young girl who would become known as Cwecwe.
The ANC asserted that that Mbalula made no specific reference to Pieterse, with AfriForum countering that the statements made left no ambiguity about who was being spoken about.
These points were made to the NPA by both parties, and after initially agreeing with Mbalula’s explanation, the NPA later granted AfriForum a review of the decision not to prosecute the SG.
“I have informed the Director of Public Prosecutions North Gauteng of the referral of the matter to the Directorate for Priority Crime Investigation (DPCI for further investigations.
“The DPCI have been instructed to prioritise these investigations. You will be informed of the outcome of the review once the DPCI’s investigations have been completed,” states a letter to AfriForum signed by NPA head Advocate Andy Mothibi on 9 September.
‘Irregular and potentially corrupt’
The ANC took exception to the manner in which AfriForum announced it had been successful in convincing the NPA to reconsider Mbalula’s prosecution.
“It is peculiar, irregular and potentially corrupt, that a special interest political outfit, AfriForum, is the first conveyor of a decision by an institute of the state charged with independently managing aspects of our criminal justice system,” the party stated on Saturday.
The ANC reiterated that Mbulala’s comments were made via the party’s official channels following internal meetings on the issue, as well as statements made by the minister of police.
“If that statement is to be answered for, it is answered for by the ANC, AfriForum knows this very well.
“When the minister publicly acknowledged that the identification was incorrect, the movement acknowledged that correction publicly,” the party stated.
It added that Mbalula and the ANC had considered the matter to be finalised before it was “revived after representation by one side”, but claimed to have still not been notified of any change in status.
“The ANC and the SG is not aware of such a decision and has not been informed by the South African Police Service (Saps) or the NPA,” the party said.
‘No confusion’ about who was mentioned
Pieterse was wrongly accused of being involved in the sexual assault of Cwecwe in 2024, with police later stating he was never considered a suspect and that there was no evidence Cwecwe was sexually assaulted.
In AfriForum’s representations to the NPA, it quoted Mbalula referring to “the brutal violation of a seven-year-old child at Bergview College in Matatiele”.
Mbalula is also quoted as referring to an individual linked to the case to be “sick and not a human being”, adding he was being assisted by AfriForum.
“He not only convicted Mr Pieterse of rape but identified him with reference to his assistance from AfriForum.
“Pieterse was the only principal of Bergview College, the only principal from Matatiele, and the only principal supported by AfriForum against unlawful attacks by politicians and social media detectives alike,” state AfriFourm’s representations.
Signed off by AfriForum’s Head of Private Prosecutions Advocate Gerrie Nel, the representations further argue that Pieterse was the only person mentioned in the national coverage of the incident.
“We submit that there existed objectively speaking no confusion who Mr Mbalula referred to.
“The fact that Mr Pieterse subjectively experienced an impairment of his dignity cannot simply be dismissed.
“We accordingly submit that the evidence disclosed a prima facie basis upon which Mr Mbalula should be prosecuted for crimen iniuria,” the document states.
‘Campaigns in the language of justice’
The ANC stated that AfriForum’s “blinding obsession” with Mbalula bordered on “harassment and targeted political activity” on behalf of its members and funders.
The party stated it would remain united against AfriForum’s attempts to “derail” the party’s transformation agenda.
“[AfriForum] peddles lies to deepen division, then wraps its campaigns in the language of justice. Its attacks on the SG belong to that same playbook.
“At every pivotal moment in the body politic, we are now always awaiting to see what AfriForum shall do to further its naked racist politics,”
“The SG will address the matter through the legal process. The ANC will continue its work without being distracted by AfriForum’s political theatre.
“We remain committed to a society in which the dignity of children, survivors of gender-based violence and all those affected by serious allegations is protected,” the ANC concluded.
