Senior ANC members have come to the defence of party secretary-general Fikile Mbalula after the National Prosecuting Authority (NPA) decided to charge him with crimen injuria, saying the charges are politically motivated.
With Mbalula awaiting formal charges, senior party members have argued that placing the secretary-general on step-aside would be unjust, saying they believe the prosecution is politically motivated.
The step-aside rule was adopted by the party at its 2017 Nasrec conference. The rule stipulates that anyone who has been criminally charged with corruption or other serious crimes should step aside from either a government or party position and should not address or attend any ANC meeting.
The Mail & Guardian reached out to Mbalula, but he refused to comment on the matter.
On Monday, the NPA announced that it had decided to prosecute him following representations made by lobby group AfriForum on 28 July.
The matter relates to remarks Mbalula made about AfriForum and Bergview College principal Jaco Pieterse during a press briefing on 1 April 2025.
This followed an allegation by an Eastern Cape mother that her daughter had been raped at the school in 2024, either by the principal or the caretaker.
However, the NPA declined to prosecute the principal at the time, saying it could not find conclusive evidence that the child had been sexually assaulted.
During the press briefing on 1 April 2025, Mbalula described Pieterse as “an animal” and said AfriForum was defending an animal.
“Even more disgraceful is the involvement of organisations like AfriForum, who shield suspects rather than standing for justice,” Mbalula said.
In a statement on Monday, AfriForum spokesperson Barry Bateman said politicians, including Economic Freedom Fighters leader Julius Malema, who is also charged with similar offences to those facing Mbalula, frequently turn to the courts when they are allegedly falsely accused of having committed a crime.
“Every time Fikile Mbalula has been publicly accused of involvement in the murder of Wandile Bozwana, he has turned to the courts to interdict his accusers. In a judgment last year, Mbalula argued that being falsely accused caused ongoing harm to his reputation and dignity, resulting in anxiety, humiliation and embarrassment.
“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.
“AfriForum’s Private Prosecution Unit 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,” said Bateman.
A senior ANC leader told the M&G that, despite the well-known disagreements he has had with Mbalula, he would not advocate for him to be placed on step-aside because of a case being pursued by AfriForum.
The source said this would not be the first time AfriForum had led a charge against an ANC leader, as it had done so with Vuyo Mhlakaza-Manamela.
In 2022, AfriForum said it had been approached by police protection and security services officer Lizzy Mojapelo due to the lack of progress in her assault case against Gauteng Legislature deputy speaker Vuyo Mhlakaza-Manamela.
Mojapelo claims she was assaulted by Mhlakaza-Manamela at the home she shares with her husband, Buti Manamela, in February 2020.
The source argued that Mhlakaza-Manamela’s and Mbalula’s cases were almost identical, with AfriForum pushing for both men to be arrested.
“AfriForum led that charge. There was a debate with national because AfriForum is a private organisation that is sponsored for political reasons, and we all know it,” the source said. “…Once you entertain them because you have a difference with Mbalula, you are making a big mistake.”
The source said the ANC should not entertain AfriForum because he regarded the organisation as pursuing a political agenda against the ANC.
“There are so many people who spoke on this thing, there were marches, so many people speaking, but because he runs the ANC, he is a person of interest to them for political reasons. We are going to elections, attack them on all fronts, discredit them.”
Another source said that because AfriForum had made representations to the NPA that resulted in the prosecution decision, there was a likelihood that the ANC would consider the case politically motivated.
“It really depends on whether they will characterise it as politically motivated or whether it is a normal case. Remember, step-aside does not mean any charge you are charged with, regardless of what kind of charge it is.
“The rule says … should you be charged with serious [offences], there’s the word ‘serious’. They even give examples such as corruption and serious crimes. So somebody needs to make a determination whether that charge constitutes such.”
The source said that normally, when a person is charged, members automatically have to step aside, after which the organisation needs to be engaged so it can make a determination. However, in Mbalula’s case, the process would be difficult because he is the person responsible for imposing certain conditions on people who are required to step aside.
“Remember, the secretary-general can impose certain conditions if a person is charged. It’s just that people impose it as it is.”