Malema faces crimen injuria charge over ‘rapist’ claim

Malema

Johannesburg – EFF leader Julius Malema is set to face criminal prosecution after the National Prosecuting Authority (NPA) agreed to prosecute him for allegedly falsely accusing a former school principal of rape, AfriForum’s Private Prosecution Unit said on Sunday.

The case relates to comments Malema made during the EFF’s Land Reclamation Day event at Sophiatown Extreme Park in Johannesburg on 6 April 2025, when he publicly accused former Bergview College principal Jaco Pieterse of raping a seven-year-old girl, the unit said.

According to AfriForum, Malema also alleged that Pieterse was being treated differently from other suspects and suggested he may have committed similar offences in the past.

Pieterse laid a criminal complaint against Malema at Sophiatown Police Station in June 2025. After the NPA did not initially make a decision to prosecute, AfriForum said its Private Prosecution Unit made representations to the authority on Pieterse’s behalf.

The NPA has now instructed the Chief Prosecutor at the Johannesburg Magistrates Court to initiate the prosecution against Malema. It is not yet known when the case will be enrolled.

AfriForum said the prosecution will be for crimen injuria, which relates to the unlawful and intentional impairment of another person’s dignity.

The allegations stem from a case involving a seven-year-old girl who was allegedly raped at Bergview College in October 2024. Pieterse and a school caretaker became the subject of a social media campaign after the NPA decided not to prosecute anyone in the matter because of insufficient evidence.

The NPA confirmed in May 2025 that it would not prosecute anyone in connection with the alleged rape.

According to the NPA 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.”

AfriForum’s Private Prosecution Unit head, Advocate Gerrie Nel, argued that Malema was aware of the importance of protecting a person’s dignity because he had previously taken legal action after being publicly accused of criminal conduct.

“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,” said Nel.

Nel also referred to a separate matter in which Malema took legal steps 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.”

Nel said Malema had also threatened criminal proceedings against the blogger for crimen injuria.

“Thus, well-informed of his right to dignity and privacy, he, without cause and on a public platform, called Pieterse a ‘rapist’,” Nel said.

Pieterse welcomed the NPA’s decision, saying the development had brought him closer to clearing his name.

“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,” he said.

“I hope the courts send a strong message that there are consequences for making such reckless and damaging allegations.”

Pieterse said he hoped the case would help protect ordinary people from what he described as the abuse of power by politicians and public figures.

“My hope is that this case will help protect ordinary citizens against politicians and people in power and hold them accountable,” he said.

AfriForum said similar criminal complaints had been lodged against ANC Secretary-General Fikile Mbalula and Eastern Cape Education MEC Fundile Gade over the same allegations.

The organisation said its Private Prosecution Unit would continue engaging with the NPA to pursue prosecutions against Mbalula and Gade.

“The unit remains steadfast in its belief that no person should be shielded from prosecution because of their political connections or status in society,” AfriForum said.

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