Court summonses issued to African National Congress (ANC) Secretary General Fikile Mbalula and Economic Freedom Fighters (EFF) leader Julius Malema have been placed in abeyance. The legal proceedings, which involve charges of crimen injuria, are currently paused pending a review by the National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi.
Legal status of court appearances
AfriForum’s Private Prosecution Unit confirmed on Saturday, 24 October 2026, that it received correspondence from a Gauteng Deputy Director of Public Prosecutions regarding the scheduled appearances. According to the unit, Mbalula was served with a summons to appear in court on 27 October 2026, while Malema was served to appear on 26 October 2026.
Both matters are now on hold while Advocate Mothibi reviews the decision to prosecute. While AfriForum stated it has received official correspondence regarding Mbalula, the organization noted it had yet to receive formal written confirmation from the National Prosecuting Authority (NPA) regarding the status of the summons served to Malema.
Julius Malema and Fikile Mbalula were served with summonses to appear in court, but the summonses are now held in abeyance.https://t.co/Z6NvcyEOiS
Charges involving school principal Jaco Pieterse
The charges against Mbalula and Malema stem from allegations that both men falsely branded former Bergview College principal Jaco Pieterse as a child rapist. These claims were linked to an incident involving a seven-year-old pupil in October 2024.
Following an investigation, the NPA previously declined to prosecute Pieterse due to a lack of evidence. The public accusations resulted in significant reputational damage for the principal, leading to a mutual agreement between Pieterse and Bergview College to part ways in 2025.
MEDIA STATEMENT: Mbalula and Malema summonses put on hold pending representations AfriForum’s Private Prosecution Unit can confirm it has received correspondence from a Gauteng Deputy Director of Public Prosecutions informing us that Fikile Mbalula was served with a summons to…
Prosecuting Authority stance on the case
The NPA recently confirmed its intent to move forward with the prosecution of both politicians. In Mbalula’s case, the Gauteng Director of Public Prosecutions, Advocate Andrew Chauke, rejected representations from the suspect’s legal team.
Advocate Chauke maintained that a prima facie case exists against Mbalula and insisted the matter should proceed to trial. According to statements provided by AfriForum’s spokesperson Barry Bateman, Chauke also dismissed allegations that the prosecution was politically motivated, stating that his office based its decision strictly on legal principles and the contents of the criminal case docket.
Why are the summonses being held in abeyance?
Why are the summonses being held in abeyance?
The summonses are paused while the National Director of Public Prosecutions, Advocate Andy Mothibi, conducts a formal review of the decision to prosecute the two political leaders.
What is the specific charge facing Mbalula and Malema?
What is the current status of the principal involved?
Jaco Pieterse is no longer employed at Bergview College, having reached a mutual agreement to leave the institution in 2025 following the public controversy.
Pending decisions from the NDPP
While AfriForum’s Private Prosecution Unit has expressed confidence in the prosecution’s case, the timeline for the NDPP’s review remains unknown. It is not yet clear when Advocate Mothibi will conclude his assessment or whether the court dates will be rescheduled following his decision.
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