The Economic Freedom Fighters (EFF) has defended its leader Julius Malema over remarks about the alleged rape of a seven-year-old girl, saying his comments were made as a political response to the case and that the party would not be silenced by the criminal prosecution he now faces.
The comes after the National Prosecuting Authority (NPA) decided to prosecute Malema for crimen injuria over comments he made about former Bergview College principal Jaco Pieterse in the aftermath of the case involving the child, known as CweCwe.
IOL previously reported that AfriForum’s Private Prosecution Unit is pursuing criminal proceedings against both Malema and ANC secretary-general Fikile Mbalula over comments it says falsely linked Pieterse to the alleged rape.
Pieterse laid criminal complaints against Malema, Mbalula and Eastern Cape Education MEC Fundile Gade.
AfriForum has argued that the comments damaged Pieterse’s dignity and that the fact that Malema and Mbalula did not always name him directly does not prevent the remarks from being understood as referring to him.
Advocate Gerrie Nel, head of AfriForum’s Private Prosecution Unit, said the circumstances surrounding the comments were relevant to that assessment.
The dispute follows the NPA’s decision in May 2025 not to prosecute anyone in connection with the alleged rape. The authority said there was insufficient evidence to proceed after the child was interviewed and medically examined.
The EFF has now rejected AfriForum’s position and said Malema’s remarks should be viewed as political commentary made amid public outrage over the case.
“His remarks were a political statement of outrage on behalf of a child and a grieving family, not a legal pronouncement, and they must be understood in that context, as a political statement at a political event in defence of an unspeakable crime against a child.”
EFF questions DNA refusal
The EFF said the background to Malema’s remarks included the police investigation into the reported rape and the request for voluntary DNA samples from three people.
According to the party, the school principal was the only person who refused to provide a voluntary sample as part of what it described as a process of elimination in the investigation.
The party questioned why a principal would decline to provide a sample during an investigation involving a child who was allegedly raped.
“An adult’s comfort or reputation must never be placed above a child’s right, under our Constitution and the Children’s Act, to have their allegations properly and thoroughly investigated.”
The EFF also criticised AfriForum’s involvement in representing Pieterse, accusing the organisation of prioritising the rights of an adult over those of the child.
The party said it lodged a complaint with the South African Human Rights Commission (SAHRC) on June 19, 2025, against AfriForum and its spokesperson Barry Bateman.
The EFF said the complaint followed public statements that CweCwe “was not raped”, which it said were made before the investigation had been concluded.
According to the EFF, the SAHRC subsequently indicated that AfriForum had not formally responded to its correspondence.
EFF says family pursuing private prosecution
The EFF said CweCwe’s family was at an advanced stage of pursuing a private prosecution and that its legal team had received a copy of the docket.
The party said this development coincided with AfriForum’s presentation to the NPA seeking prosecution of Malema.
AfriForum has previously said its prosecution efforts are aimed at holding those it believes falsely accused Pieterse accountable. Its Private Prosecution Unit is also pursuing the matter involving Mbalula.
The EFF said it would continue to defend what it described as the rights of children in cases involving allegations of abuse.
“It is our political duty to ensure that anyone who commits harm or appears to have caused harm to a child is pursued decisively, and it is our political duty to always prioritise the rights of a child over that of an adult.”
The party also criticised SAPS, the NPA and the SAHRC over their handling of the matter, accusing the institutions of failing to adequately protect the child’s rights.
“The EFF, therefore, makes no apology for protecting and pursuing the human rights of a child over that of an adult.”
The party said the matter was about more than Malema and described it as a broader issue concerning the protection of children and access to justice.
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