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By Johnathan Paoli
The African National Congress has come in defence of party secretary-general Fikile Mbalula, after lobby group AfriForum’s Private Prosecution Unit laid criminal charges against him and others over comments relating to the alleged rape of a seven-year-old Bergview College pupil in Matatiele.
ANC spokesperson Mahlengi Bhengu-Motsiri said her party noted with concern the criminal charges brought against Mbalula, denouncing AfriForum’s actions as disingenuous, ideologically driven and flawed.
“We will not apologise for speaking out in defence of the voiceless. To be silent, to be overly cautious, to apologise for speaking out, is to betray the pain of the survivor and the broader struggle against patriarchal violence,” she said.
The party reiterated its unwavering stance against gender-based violence and femicide, calling the alleged incident at the school a brutal violation demanding collective outrage and institutional accountability.
Bhengu-Motsiri described AfriForum’s legal action as an attempt to deflect attention from the pain endured by victims, saying Mbalula’s comments represented the voice of many outraged by the reported rape.
AfriForum, which is representing Bergview College principal Jaco Pieterse, announced the charges last week.
These include crimen injuria, contravention of the Cybercrimes Act and intimidation, stemming from public statements made by Mbalula, EEF leader Fikile Malema and Eastern Cape education MEC Fundile Gade. They identified Pieterse as the rapist, despite no legal charges ever being brought against him.
At a press conference outside Sophiatown Police Station in Johannesburg, AfriForum spokesperson Barry Bateman condemned what he termed as distressing false accusations.
“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. There must be consequences for people who falsely accuse others in the public domain,” Bateman said.
He cited comments by Mbalula referring to Pieterse as “an animal” and criticised Malema’s public declaration on 6 April that “the principal who raped Cwecwe must know we are coming for him.”
Gade, in a March television interview, had stated Pieterse was “clearly avoiding the investigation” by seeking legal assistance instead of complying with a DNA test.
According to AfriForum, these public remarks have severely damaged Pieterse’s personal and professional life.
He has been absent from work, forced to relocate with his family and reportedly received multiple threats, including one aimed at his daughter.
Bateman confirmed that AfriForum was also preparing civil litigation against former Democratic Alliance MP Phumzile Van Damme, who it accuses of perpetuating a “disinformation campaign” against Pieterse.
While the incident sparked national outrage, the National Prosecuting Authority (NPA) declined to prosecute, citing inconclusive evidence.
According to NPA spokesperson Mthunzi Mhaga, after initial submissions and a medical examination, prosecutors determined that there was insufficient evidence to proceed with criminal charges.
Although police initially submitted the case to prosecutors in November last year, it gained renewed attention early this year.
The docket was resubmitted for review, and the NPA reaffirmed its decision not to prosecute, citing a lack of supporting evidence.
In response to the ongoing controversy, Police Minister Senzo Mchunu rejected claims that the South African Police Service had delayed the investigation.
He said the case was investigated as soon as it was reported in October, describing any claims of inaction as a dangerous exaggeration.
The ANC said it had issued a formal statement acknowledging the police minister’s correction and reaffirming support for the survivor and her family.
“We will not be deterred from standing up for those who cannot stand for themselves,” it said.
The party called on its alliance partners, the ANC Women’s League, youth organisations, religious groups and communities to stand against what it called the criminalisation of moral clarity.
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