AfriForum has formally announced that it will seek private prosecution against Eastern Cape Education MEC Fundile Gade after the National Prosecuting Authority (NPA) declined to prosecute him — a move the civil-rights organisation says was “irrational” and requires accountability.
In a statement posted on its website, AfriForum said the NPA informed them on 5 November that it would not pursue charges against Fundile for “falsely identifying an innocent school principal as a rape suspect.”
The group says Fundile is accused of crimen injuria, intimidation and violating the Cybercrimes Act because of comments he made publicly about the principal of Bergview College, alleging he was a suspect in the alleged rape of a minor.
Head of the PPU, Gerrie Nel, criticised the decision.
“We remain overwhelmingly confident that Mr Gade clearly and unambiguously referred to our client as a suspect in the rape of a minor — a patently false public claim,” Gerrie said.
He further described the decision not to prosecute as “so irrational” that they intend to apply for a “nolle prosequi” certificate to enable a private prosecution. AfriForum’s spokesperson, Barry Bateman, added that new information has surfaced since the principal filed criminal complaints.
MEDIA STATEMENT: NPA declines to prosecute Gade – AfriForum’s Private Prosecution Unit will ensure accountability
As expected, the National Prosecuting Authority (NPA) has declined to prosecute Fundile Gade, Eastern Cape Education MEC, with falsely identifying an innocent school…
— Barry Bateman (@barrybateman) November 28, 2025
According to Bateman, the authorities have confirmed that following investigations, the alleged victim maintained the child was constipated — not sexually assaulted — and medical and social-work examinations failed to show evidence of penetration. He stated that this strengthens their case against those who made the allegations.
In its statement, the PPU vowed to “send a strong message that there will be consequences for falsely accusing people of committing crimes.”
AfriForum also emphasised that while the NPA should ideally prosecute such cases, private prosecution remains a lawful option under South African law — through a “nolle prosequi” certificate — when the state fails to act.
The announcement raises difficult questions about accountability, reputational harm and the balance between the pursuit of justice and the protection of individual dignity. AfriForum says it intends to proceed with the application for the certificate “in due course.”
First published by African Insider
Compiled by Lisabeal Nqamqhele
Also see: Cwecwe’s case resurfaces after principal’s resignation
