AfriForum Says Mbalula Has a Case to Answer as NDPP Reviews Charges Against Him

ANC secretary-general Fikile Mbalula and Economic Freedom Fighters (EFF) leader Julius Malema have had their scheduled court appearances for crimen injuria charges put on hold while National Director of Public Prosecutions Andy Mothibi reviews the decisions to prosecute them.

The development comes after both politicians were reportedly served with summonses to appear in court over allegations that they falsely described Pieterse as a child rapist.

Barry Bateman, spokesperson for AfriForum’s Private Prosecution Unit, said the unit had received correspondence from a Gauteng deputy director of public prosecutions confirming that Mbalula had been served with a summons to appear in court on October 27.

However, the planned appearance has been suspended pending Mothibi’s review of the prosecution decision.

Bateman also said the unit had learnt that Malema had been served with a summons to appear in court on October 26. Although AfriForum had not yet received written confirmation from the National Prosecuting Authority (NPA), it understood that Malema’s summons had also been placed on hold while the review was conducted.

The review follows Gauteng Director of Public Prosecutions Advocate Andrew Chauke’s rejection of representations submitted by Mbalula’s legal team in an attempt to challenge the prosecution.

According to AfriForum’s Private Prosecution Unit, Chauke informed the legal team that his office had carefully examined the criminal case docket and concluded that a prima facie case existed against Mbalula. He maintained that the matter therefore warranted being brought before a competent court.

Chauke also dismissed the argument that the prosecution was politically motivated, insisting that the decision had been reached on the facts and applicable legal principles.

Bateman quoted Chauke as stating that there was no political influence or motivation attached to the decision.

AfriForum welcomed Chauke’s position and expressed confidence in his assessment that Mbalula had a case to answer. The unit also urged Mothibi to reject what it described as an attempt by the suspect to avoid appearing in court.

It further maintained that Malema should eventually have an opportunity to answer for the alleged statements about Pieterse.

The NDPP’s review means the two cases remain on hold for now. The available information does not indicate when Mothibi will complete the review or whether the planned prosecutions will proceed.

Source: https://x.com/iol/status/2114001466037866674?s=46

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