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Julius Malema, leader of the EFF, will face criminal prosecution after falsely accusing a school principal of rape. AfriForum’s Private Prosecution Unit has succeeded in convincing the National Prosecuting Authority (NPA) that Malema should be prosecuted for crimen injuria after branding Jaco Pieterse, former Principal of Bergview College in Matatiele, a serial child rapist. 

With the support of the unit, Pieterse laid the criminal complaint at the Sophiatown Police Station in June last year. When a decision to prosecute Malema was not forthcoming, the unit made the representation to the NPA. 

Similar criminal complaints were also lodged against Fikile Mbalula, Secretary-General of the ANC, and Fundile Gade, MEC for Education in the Eastern Cape, for making the same false allegation. 

The complaint against Malema stems from statements he made on 6 April 2025 at the party’s Land Reclamation Day at the Sophiatown Extreme Park in Johannesburg. At this event, Malema publicly claimed that a school principal raped a seven-year-old girl and alleged that the principal was being treated differently from other suspects. Malema also suggested that the principal may have committed similar offences in the past.

The case involves a child who, according to her mother’s allegations, was raped at Bergview College in October 2024. Pieterse and the school caretaker – whom the unit also represents – became the targets of a vicious social media campaign in November of that year after the NPA declined to prosecute the case due to a lack of evidence. In May of last year, 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 the representations to the NPA on 18 June 2026, Advocate Gerrie Nel, Head of the unit, referred to Malema’s own approaches to the courts after he was publicly branded a drug dealer. “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.

Nel argued that Malema also took swift steps to protect his dignity when a so-called celebrity-blogger publicly claimed that the politician and his wife were experiencing marital strife and were on the verge of divorce. “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’,” concluded Nel.

After hearing news of the NPA’s decision, Pieterse said it has lifted a huge weight off his shoulders and takes him another step closer to justice. “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,” said Pieterse.

The instruction has been given to the Chief Prosecutor at the Johannesburg Magistrates Court to initiate prosecutions against Malema. It is not yet known when the matter will be enrolled. 

While the private prosecution unit is satisfied with the decision to prosecute Malema, it will continue its engagements with the NPA to ensure that both Mbalula and Gade are also prosecuted. The unit remains steadfast in its belief that no person should be shielded from prosecution because of their political connections or status in society.

Issued by AfriForum