CCN

27 September 2026 | 11:27

JOHANNESBURG — The African National Congress has rallied behind its Secretary-General, Fikile Mbalula, after the National Prosecuting Authority decided to prosecute him over comments he made about former Bergview College principal Jaco Pieterse.

The case follows representations by AfriForum’s Private Prosecution Unit, which challenged the earlier decision not to prosecute Mbalula over remarks linked to allegations of the sexual assault of a seven-year-old girl at Bergview College in Matatiele, Eastern Cape.

The NPA has now confirmed that Mbalula will face a charge of crimen injuria.

The ANC, however, has defended its Secretary-General and accused AfriForum of targeting and harassing him.

How the Bergview controversy began

The matter dates back to allegations made in 2024, when the mother of a seven-year-old girl alleged that her daughter had been raped at Bergview College.

The allegations sparked widespread public anger and protests under the #JusticeForCwecwe campaign.

Pieterse and a school caretaker were subsequently associated with the allegations.

The NPA later declined to prosecute anyone in connection with the alleged rape, saying there was insufficient evidence to proceed. The prosecution authority said its investigation had found no conclusive evidence of rape or sexual assault.

Mbalula’s comments

On 1 April 2025, Mbalula addressed the media following an ANC meeting and spoke about the Bergview controversy.

AfriForum says Mbalula’s comments amounted to a serious attack on Pieterse’s dignity.

The organisation specifically objected to Mbalula referring to Pieterse as an “animal” and accusing AfriForum of defending him.

AfriForum subsequently supported Pieterse’s criminal complaint against Mbalula.

The organisation argued that the circumstances surrounding Mbalula’s remarks made it clear who he was referring to, even though Pieterse was not expressly named in every part of the statement.

AfriForum challenges the decision

AfriForum’s Private Prosecution Unit made representations to the Gauteng Director of Public Prosecutions, Andrew Chauke, arguing that Mbalula should face prosecution.

On 21 September 2026, AfriForum announced that the NPA had agreed to prosecute Mbalula for crimen injuria.

NPA spokesperson Kaizer Kganyago confirmed that the Gauteng South DPP had made the decision and communicated it to AfriForum.

AfriForum’s head of private prosecutions, Advocate Gerrie Nel, welcomed the decision.

The organisation argues that Pieterse was publicly associated with a serious criminal allegation despite the NPA ultimately finding insufficient evidence to prosecute him.

ANC stands behind Mbalula

The development has triggered a political response from within the ANC.

Senior ANC figures have rallied behind Mbalula, with party leaders questioning calls for him to step aside while the criminal proceedings develop.

Some ANC leaders have characterised the prosecution as politically motivated, while maintaining that Mbalula should continue performing his responsibilities as Secretary-General.

That is the ANC’s position and is separate from the NPA’s decision to prosecute and AfriForum’s reasons for pursuing the matter.

Mbalula faces a criminal charge — not a conviction

The charge against Mbalula is crimen injuria, which concerns the unlawful and intentional impairment of another person’s dignity or privacy.

The prosecution relates to what Mbalula allegedly said about Pieterse.

It does not mean that Mbalula has been found guilty.

The allegations and legal arguments will have to be tested through the criminal justice process.

Mbalula has also previously been involved in legal disputes concerning allegations made against him, a point AfriForum has raised in arguing that he understands the reputational consequences of being publicly accused of wrongdoing.

Malema faces the same charge

Mbalula is not the only senior politician facing prosecution arising from the Bergview controversy.

The NPA previously decided to prosecute EFF leader Julius Malema on a similar crimen injuria charge relating to comments about Pieterse.

AfriForum has therefore pursued cases against both opposition and governing-party figures over statements made during the controversy.

What we know

• Fikile Mbalula is the ANC Secretary-General.
• The NPA has decided to prosecute him for crimen injuria.
• The matter relates to comments he made about former Bergview College principal Jaco Pieterse.
• Mbalula made the comments on 1 April 2025.
• AfriForum challenged the earlier decision not to prosecute him.
• The Gauteng South DPP subsequently agreed that Mbalula should face prosecution.
• The original Bergview rape allegation involved a seven-year-old girl.
• The NPA previously declined to prosecute anyone over the alleged rape, citing insufficient evidence.
• The ANC has publicly defended Mbalula and questioned the circumstances surrounding the prosecution.
• Mbalula has not been convicted of crimen injuria.

The big question

The central legal question will be whether Mbalula’s statements meet the requirements for a crimen injuria offence.

That determination will ultimately be made through the legal process rather than by political statements from either the ANC or AfriForum.

The case also places the broader issue of public accusations and reputational harm back in the spotlight, particularly where allegations of serious crimes are made before a criminal investigation has established sufficient evidence to prosecute.

What happens next?

Mbalula is expected to face the criminal proceedings in the Johannesburg Regional Court.

The prosecution will have to present its case, while Mbalula will have an opportunity to challenge the allegations and present his defence.

The ANC’s political support for its Secretary-General is likely to continue alongside the legal process.

Crime Connect will follow the case as it develops and report verified court proceedings and statements from the NPA, Mbalula’s legal team, AfriForum and the ANC.

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Key dates

October 2024 — Allegations emerge concerning the Bergview College matter.

May 2025 — The NPA declines to prosecute in relation to the alleged rape, citing insufficient evidence.

1 April 2025 — Mbalula makes the remarks that later become the subject of the crimen injuria complaint.

13 August 2026 — AfriForum makes representations to the Gauteng DPP regarding prosecution.

21 September 2026 — AfriForum announces that the NPA has decided to prosecute Mbalula.

September 2026 — ANC leaders publicly defend Mbalula amid calls for him to step aside.

Featured image caption

ANC Secretary-General Fikile Mbalula faces a crimen injuria prosecution over remarks concerning former Bergview College principal Jaco Pieterse.

Article information

Category: Politics / Courts / Crime
Location: Johannesburg / Matatiele
Person: Fikile Mbalula
Charge: Crimen injuria
Complainant: Jaco Pieterse
Organisation pursuing the matter: AfriForum Private Prosecution Unit
Status: Prosecution proceeding

Legal and accuracy note

Mbalula is facing a criminal prosecution and has not been convicted. Claims made by AfriForum about his statements and Pieterse’s allegations are attributed to the relevant parties. The NPA’s previous decision not to prosecute anyone over the original Bergview allegations should not be presented as a finding that definitively established every factual circumstance surrounding the incident. The criminal case against Mbalula remains subject to the court process.