EFF leader Julius Malema is set to be prosecuted for crimen injuria after the National Prosecuting Authority (NPA) upheld representations lodged by AfriForum’s private prosecution unit over statements he allegedly made accusing a former school principal of raping a seven-year-old girl.
In correspondence dated June 18, the NPA’s Gauteng Local Division in Johannesburg informed AfriForum that its representations had been successful and that prosecutors had been instructed to pursue a criminal case against Malema.
“Kindly note that your representations are successful and an instruction has been issued to the acting chief prosecutor, Ms Bezuidenhout, to institute prosecution in the Johannesburg magistrate’s court on a charge of crimen injuria,” the NPA said in the letter.
The complaint was lodged by Jaco Pieterse, the former principal of Bergview College in Matatiele in the Eastern Cape, following public allegations by Malema that Pieterse had raped a seven-year-old girl publicly identified as Cwecwe.
The matter is registered under Sophiatown CAS 137/06/2025, with Pieterse listed as the complainant.
AfriForum’s private prosecution unit had approached the NPA seeking criminal action against Malema on several charges, including criminal defamation, crimen injuria and potential violations of the Cybercrimes Act.
The NPA has now confirmed that prosecution proceedings will be instituted against Malema specifically on a charge of crimen injuria.
AfriForum said the allegations arose from remarks Malema made on April 6, 2025, during the EFF’s land reclamation day at Sophiatown Extreme Park in Johannesburg.
According to AfriForum, Malema told supporters at the event that a school principal had raped a seven-year-old girl and claimed the alleged perpetrator had been treated differently from other suspects.
The organisation further alleged that Malema implied the principal could have been responsible for similar offences previously.
AfriForum argued in its representations that Pieterse had never been regarded as a suspect in the alleged rape investigation.
The organisation said the NPA had previously confirmed that there was no evidence supporting an allegation of rape, while SAPS had also stated that Pieterse was never considered a suspect.
The representations further pointed to an apology issued by then police minister Senzo Mchunu after he had previously referred to Pieterse as a suspect.
Pieterse and the school’s caretaker are represented by AfriForum’s private prosecution unit.
The Cwecwe case generated widespread public anger in 2025 and prompted protests under the #JusticeForCwecwe campaign.
The alleged sexual assault was reported to have occurred at Bergview College in October 2024.
AfriForum said the NPA later declined to prosecute anyone in connection with the allegations.
According to the organisation, the NPA found that there was “no evidence of rape or sexual assault” after the girl was interviewed and subjected to examinations by medical practitioners and forensic social workers.
AfriForum said Pieterse subsequently opened criminal complaints against three politicians — Malema, ANC secretary-general Fikile Mbalula and Eastern Cape Education MEC Fundile Gade — over allegations that they had made similar claims.
The decision to prosecute Malema followed representations submitted to the NPA by advocates Gerrie Nel and P Vorster on Pieterse’s behalf.
Nel argued that Malema was fully aware of the damage that allegations of criminal conduct could cause to a person’s dignity because he had previously approached the courts to protect his own reputation.
“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,” Nel said.
“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,” he added.
Nel cited Malema’s previous High Court proceedings against Patriotic Alliance deputy leader Kenny Kunene, who had accused the EFF leader of involvement in drug dealing and other unlawful activities.
The representations drew a comparison between Malema’s response to allegations against himself and statements he allegedly made about Pieterse.
According to the representations, Malema referred to Pieterse as “the principal that raped Cecwe” and allegedly stated: “it is not the first time he is doing what he did to this little girl”.
Pieterse welcomed the NPA’s decision and said the allegations had inflicted considerable damage on his personal life and those around him.
“The false allegations have not only harmed me but
