AfriForum’s Private Prosecution Unit has succeeded in persuading the National Prosecuting Authority (NPA) to prosecute EFF leader Julius Malema for crimen injuria after he allegedly branded former Bergview College principal Jaco Pieterse a “serial child rapist”.
The decision follows representations made by the unit on Pieterse’s behalf after a criminal complaint against Malema was lodged at Sophiatown Police Station in June 2025.
AfriForum communications manager Barry Bateman said the prosecution was an important development in the case.
“The decision confirms that no one is above the law and that political status does not provide protection against criminal prosecution,” Bateman said.
The NPA has instructed the chief prosecutor at the Johannesburg Magistrates’ Court to initiate proceedings against Malema. It is not yet known when the matter will be enrolled.
The complaint relates to comments Malema made on April 6, 2025, during the EFF’s Land Reclamation Day at Sophiatown Extreme Park in Johannesburg.
Malema publicly alleged that a school principal had raped a seven-year-old girl, questioned why the principal was allegedly being treated differently from other suspects, and suggested the principal may have committed similar offences in the past.
The allegations involve a child named Cwecwe (the pseudonym used to refer to her), who, as reported by her mother, was allegedly raped at Bergview College in Matatiele in October 2024.
The case sparked widespread outrage across South Africa, with protests and public demonstrations demanding justice for Cwecwe and accountability from authorities over the handling of the investigation.
What happened in the Cwecwe case?
The NPA said the investigation docket was first submitted to prosecutors at the Matatiele Magistrate’s Court in November 2024. The case was also considered by the case manager at the Matatiele Thuthuzela Care Centre.
After assessing the evidence, prosecutors determined that there were not sufficient grounds to institute a prosecution.
The assessment included an interview with the child and a medical examination. According to the NPA, these did not produce conclusive evidence of rape or sexual assault.
The Eastern Cape Director of Public Prosecutions subsequently called for the docket to be reviewed. Prosecutors in the DPP’s office reconsidered the matter and upheld the original decision not to prosecute.
The outcome was communicated to police, and the docket was returned to investigators.
Former NPA national spokesperson Advocate Mthunzi Mhaga said at the time that the decision was not publicly announced at the time because of concerns that doing so could interfere with the investigation.
“At the time, the DPP’s office did not issue a public statement, citing concerns that it could jeopardise ongoing investigations,” he said.
The case later generated significant public interest after resurfacing in April 2025.
“However, given the public outcry and interest generated since the matter resurfaced in April 2025, the NPA has decided to communicate the decision of the prosecutors in the Eastern Cape Division. We can also indicate that the police have since resubmitted the docket to the DPP’s office for further consideration,” Mhaga said.
The EFF had previously condemned what it described as the state’s failure to protect Cwecwe.
“What happened to Cwecwe is not only a personal tragedy — it is a reflection of a system that continues to fail our most vulnerable,” the EFF said.
The party added: “We will ensure that the state institutions which neglected their duty to protect this child are exposed and confronted for their complicity through silence and inaction.”
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Mchunu responds
Suspended Police Minister Senzo Mchunu, who was also accused of making statements about Pieterse, said he had had no intention of defaming him.
Mchunu said he had empathy for Pieterse and others who may have been wrongly identified as suspects.
“I have human and personal empathy for your client and any other person who might have been wrongly fingered as a suspect in circumstances where he or they were the only persons of interest,” Mchunu said.
He also accepted responsibility for the statement attributed to him while serving as police minister.
“As the Minister of Police, I take responsibility for the statement in question. I would like to assure you that it was issued in good faith and there was no malicious intent whatsoever,” he said.
AfriForum’s representations
AfriForum’s representations were submitted to the NPA on June 18, 2026, by Advocate Gerrie Nel, head of the Private Prosecution Unit.
Nel referred to previous instances in which Malema had taken legal action after being publicly accused of criminal wrongdoing.
“Malema, in his own words, has demonstrated a full appreciation of the profound impact false allegations of criminal impropriety have on the dignity of a person – because he has experienced it himself and has asked the courts to intervene.
“Malema understands that being falsely branded a criminal violates the fundamental human right to dignity and argues that such a right is worthy of protection,” said Nel.
He also referred to legal action Malema had taken after a celebrity blogger made claims about his marriage.
“Malema’s lawyers said the claims subjected his children to ‘emotional harm and public scrutiny’, adding that Malema has been exposed to ‘ridicule, speculation, humiliation and reputational harm on a mass scale.’ The court agreed with Malema and ordered the blogger to apologise and retract the statements.
“In this matter when Malema served a letter of demand on (the blogger), he also threatened to file a criminal complaint of crimen injuria with the South African Police Service (SAPS). Thus, well-informed of his right to dignity and privacy, he, without cause and on a public platform, called Pieterse a ‘rapist’,” said Nel.
Pieterse welcomed the NPA’s decision, saying it had lifted a significant burden from him.
“The false allegations have not only harmed me but have also caused immense pain to my family and friends. I trust that this process will vindicate me and ensure there is accountability for those who falsely accused others of committing vile crimes without any regard for the consequences.
“I hope the courts send a strong message that there are consequences for making such reckless and damaging allegations. I’ve become aware of many others who have experienced, and still experience daily, similar pain because of the thoughtless behaviour of so-called leaders. My hope is that this case will help protect ordinary citizens against politicians and people in power and hold them accountable,” he said.
Bateman said AfriForum would continue engaging with the NPA over complaints against ANC secretary-general Fikile Mbalula and Eastern Cape education MEC Fundile Gade.
“AfriForum’s Private Prosecution Unit remains steadfast in its belief that no person should be shielded from prosecution because of their political connections or status in society,” Bateman said.
