ANC Defends Fikile Mbalula As NPA Moves To Prosecute Him Over Bergview Principal Remarks

The ANC has publicly defended its secretary-general Fikile Mbalula after the National Prosecuting Authority decided to prosecute him for crimen injuria over remarks connected to former Bergview College principal Jaco Pieterse.

The dispute centres on comments Mbalula made in April 2025 about allegations involving a young girl at Bergview College in Matatiele, Eastern Cape.

AfriForum, whose Private Prosecution Unit is supporting Pieterse, argues that Mbalula's remarks effectively identified the former principal and falsely associated him with the alleged rape of the child.

The ANC disputes that interpretation, maintaining that Mbalula did not specifically name Pieterse.

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The NPA initially declined to prosecute Mbalula. Following representations from AfriForum, Gauteng Director of Public Prosecutions Andrew Chauke reconsidered the matter and decided that Mbalula should face prosecution.

NPA spokesperson Kaizer Kganyago has confirmed that the Gauteng DPP communicated the decision to AfriForum.

Mbalula has not been convicted of any offence and the allegations against him will have to be determined through the criminal justice process.

ANC Questions Handling Of Decision

The ANC criticised the manner in which the development became public, taking issue with AfriForum announcing the decision before the party or Mbalula had been formally informed.

“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 ANC said.

The party maintained that Mbalula's original comments were made through official ANC channels following internal discussions and public statements about the Bergview College case.

“If that statement is to be answered for, it is answered for by the ANC, AfriForum knows this very well,” the party said.

The ANC added that when authorities subsequently corrected information surrounding the identification of people connected to the case, the party had publicly acknowledged the correction.

It said both the organisation and Mbalula had considered the issue resolved before AfriForum made further representations to prosecutors.

“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.

AfriForum Says There Was ‘No Confusion’

AfriForum rejects the ANC's argument that Mbalula did not identify Pieterse.

The organisation's Private Prosecution Unit argues that the context of Mbalula's remarks left no reasonable uncertainty about the person to whom he was referring.

Mbalula made the disputed comments on 1 April 2025 while addressing the media following an ANC meeting.

He referred to allegations involving a seven-year-old child at Bergview College and criticised AfriForum for what he characterised as protecting suspects rather than supporting justice.

AfriForum argues that Mbalula also made disparaging remarks about an individual associated with the allegations while referring to that person's assistance from the organisation.

In representations signed by the head of its Private Prosecution Unit, Advocate Gerrie Nel, AfriForum argued that those contextual references pointed to Pieterse.

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The organisation maintained that Pieterse was the principal of Bergview College at the time and the individual being publicly supported by AfriForum amid accusations surrounding the school.

“We submit that there existed objectively speaking no confusion who Mr Mbalula referred to,” AfriForum argued.

Whether Mbalula's remarks legally amounted to crimen injuria will ultimately be a matter for the court to determine.

Pieterse Was Not Prosecuted Over Original Allegation

The criminal case against Mbalula stems from the intense public controversy surrounding allegations that a seven-year-old girl had been sexually assaulted at Bergview College in 2024.

Pieterse became the subject of public accusations during the controversy.

The NPA subsequently declined to prosecute anyone over the alleged sexual assault, saying there was insufficient evidence. Reporting at the time recorded the prosecuting authority as saying medical practitioners and forensic social workers had found no evidence establishing rape or sexual assault.

AfriForum says Pieterse subsequently laid criminal complaints against Mbalula, EFF leader Julius Malema and Eastern Cape Education MEC Fundile Gade over statements made about him.

The NPA has separately decided that Malema should also face prosecution for crimen injuria over remarks concerning Pieterse.

Separate Dubai Matter Sent For Further Investigation

Mbalula is also facing renewed scrutiny in an unrelated matter concerning the funding of a family holiday to Dubai when he was sports minister.

That case is separate from the Bergview College dispute.

AfriForum asked National Director of Public Prosecutions Advocate Andy Mothibi to review an earlier decision not to prosecute Mbalula over the holiday.

According to correspondence disclosed by AfriForum, Mothibi subsequently referred aspects of the matter to the Directorate for Priority Crime Investigation, commonly known as the Hawks, for further investigation.

The referral does not amount to a decision that Mbalula committed an offence.

The immediate criminal proceedings concerning Pieterse, meanwhile, relate to crimen injuria and the disputed meaning and effect of Mbalula's public remarks.

AfriForum maintains those remarks clearly referred to Pieterse. The ANC disputes that interpretation and has publicly backed its secretary-general.

The prosecution will now place that dispute before the criminal justice system.