Mbalula and Malema summonses put on hold pending NDPP review

ANC secretary-general Fikile Mbalula and EFF leader Julius Malema have had their court summonses put on hold pending a review by National Director of Public Prosecutions Andy Mothibi.

Image: AI-generated image / DFA / Illustration

ANC secretary-general Fikile Mbalula and EFF leader Julius Malema have been served with summonses to appear in court on crimen injuria charges, but the proceedings have been put on hold pending a review by National Director of Public Prosecutions Advocate Andy Mothibi.

AfriForum’s Private Prosecution Unit spokesperson Barry Bateman 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 Tuesday.

However, the summons had been held in abeyance pending Mothibi’s review of the decision to prosecute.

Bateman also said the unit had learnt that Malema had been served with a summons to appear in court tomorrow.

It had not yet received written confirmation from the National Prosecuting Authority (NPA), but understood that Malema’s summons had also been put on hold pending the review.

The two politicians face crimen injuria charges for allegedly falsely describing Pieterse as a child rapist.

The development follows Gauteng Director of Public Prosecutions Advocate Andrew Chauke’s rejection of representations made by Mbalula’s legal team.

According to AfriForum’s Private Prosecution Unit, Chauke informed the legal team that his office had thoroughly considered the criminal case docket and maintained that a prima facie case existed against Mbalula, warranting the matter being enrolled before a competent court.

Chauke also rejected the claim that the prosecution was politically motivated, maintaining that the decision was based on the facts and legal principles, without political influence or motivation.

''He stated confidently that there was no political influence and/or motivation attached to the decision,'' Bateman said. 

AfriForum’s Private Prosecution Unit said it had full confidence in Chauke and welcomed his position that Mbalula had a case to answer.

''The unit hopes that Adv. Mothibi will also see the suspect’s representations as merely a frivolous attempt to evade his inevitable day in court.

''The unit is also confident that Malema will also eventually have his day in court to answer for the false and vile claims made about Pieterse,'' it said.