Bergview principal files criminal cases against Mbalula, Malema and Gade for violation of his dignity and intimidation
Bergview College principal, Jaco Pieterse, has taken the first steps towards holding politicians accountable for allegedly publicly violating his dignity by falsely accusing him of raping a child and inciting harmful public sentiment and violence based on these unfounded allegations. Pieterse is represented by AfriForum’s Private Prosecution Unit, which accompanied him to the Sophiatown and Boksburg North police stations, where charges of crimen injuria were filed against ANC Secretary General Fikile Mbalula, EFF leader Julius Malema, and Eastern Cape Education MEC Fundile Gade. Mbalula and Malema face additional charges of violating the Cybercrime and Intimidation Acts.
Shortly after filing the complaints, Pieterse said: “While I am relieved that the truth has been revealed, I am determined to ensure that people understand that there are consequences for making irresponsible and false allegations on social media and other platforms.”
The case involves a child whose mother alleges she was raped at the Bergview College in Matatiele, Eastern Cape, in October of last year. Pieterse and the school’s caretaker, whom the unit also represents, have been the targets of a vicious social media campaign started in November last year when the National Prosecuting Authority (NPA) declined to prosecute the case due to a lack of evidence. In April, after the unit warned him of criminal consequences, Police Minister Senzo Mchunu apologised to Pieterse for identifying him as a suspect when he was never considered such.
Last month, the NPA confirmed that it had decided not to prosecute anyone in connection with the alleged rape because, according to the NPA’s spokesperson, “there is no evidence of rape or sexual assault after the minor girl was interviewed and examined by medical practitioners and forensic social workers”.
In his affidavit, Pieterse asks that the rape docket be included as the first exhibit in his cases because it would serve as evidence of the scope and extent of the lies told about him, and highlight the lack of any reason for Mbalula, Malema and Gade to make the claims that they did.
Pieterse explains the impact the false allegations have had on his life. “The consequences of the reckless and malicious statements made against me have had an irreversible and devastating impact on every aspect of my life. The trauma and losses I have suffered will take years, if ever, to heal.”
Barry Bateman, the unit’s Spokesperson, says the politicians’ comments unjustly violated a man’s dignity by accusing him of one of the most heinous crimes. “Pieterse was publicly labelled a paedophile, a label that in society’s eyes is among the most irredeemable and damning. Pieterse’s case is especially serious because his job entails caring for children. We expect the police and the NPA to act with haste to ensure there is justice for Pieterse and his family. These are uncomplicated cases. While evidence has been provided to the police, it is still available on media websites and social media platforms,” said Bateman.
Ironically, both Malema and Mbalula have approached the courts in recent years because they felt their dignity had been harmed. In the case of Malema, another politician accused him of illegal dealings with a certain businessman and accepting cocaine from drug dealers, while Mbalula was accused of being corrupt. In Mbalula’s matter, the court found that he “and his family were subjected to abuse based on these spurious allegations on various media platforms and thus endured actual injury”. Malema claims the accusation of him being a criminal has left him feeling “degraded and humiliated” and the statements have caused “irreparable harm and serious prejudice” in addition to casting a negative light on his family.
Kallie Kriel, AfriForum’s Chief Executive Officer (CEO), says these criminal charges are just the beginning because the organisation has also instructed its legal team to initiate civil proceedings against Mbalula, but action against other parties who defamed Pieterse and AfriForum has yet to be determined. AfriForum’s legal team will pursue individuals who attempted to destroy Pieterse’s life and spread lies about AfriForum.
