Malema accused principal of rape as he faces prosecution
Malema accused principal of rape as he faces prosecution after the National Prosecuting Authority (NPA) accepted representations seeking criminal proceedings against the Economic Freedom Fighters (EFF) leader over statements he allegedly made about a former Eastern Cape school principal.
The decision means Julius Malema is set to face a crimen injuria charge in the Johannesburg Magistrates’ Court following representations made by AfriForum’s Private Prosecution Unit on behalf of Jaco Pieterse, the former principal of Bergview College in Matatiele.
The development follows a long-running dispute surrounding allegations of sexual assault involving a child at the school in 2024. Pieterse has consistently disputed being responsible for the alleged offence, while authorities previously decided not to prosecute anyone in connection with the case.
The latest development does not mean Malema has been found guilty. The prosecution instruction means the matter will now proceed through the criminal justice system, where the allegations against Malema will have to be tested.
Julius Malema prosecution follows NPA decision
The Julius Malema prosecution stems from comments he allegedly made during an EFF event in Johannesburg on 6 April 2025.
According to AfriForum, Malema publicly referred to a school principal in connection with allegations that a seven-year-old girl had been raped. He allegedly went further by suggesting that the principal had committed similar offences previously.
Pieterse subsequently opened a criminal complaint at Sophiatown Police Station in June 2025.
When there was no immediate decision to prosecute, AfriForum’s Private Prosecution Unit made representations to the NPA on Pieterse’s behalf.
The NPA subsequently informed AfriForum that its representations had been successful and that an instruction had been issued for the acting chief prosecutor to institute proceedings against Malema in the Johannesburg Magistrates’ Court.
The charge specified in the NPA’s response is crimen injuria, a South African common-law offence generally involving the unlawful and intentional impairment of another person’s dignity or privacy.
The exact date on which Malema’s case will be enrolled remains unknown.
Crimen injuria case centres on public statements
The crimen injuria case is separate from the original allegations involving the child at Bergview College.
The original matter attracted considerable public attention and became the subject of protests and social media campaigns.
According to information provided by AfriForum, the alleged incident occurred at Bergview College in October 2024. Pieterse and a school caretaker subsequently became targets of public allegations.
However, the NPA later decided not to prosecute anyone in connection with the alleged sexual assault.
AfriForum has cited the NPA’s position that there was insufficient evidence to proceed with a prosecution. The organisation has also said that authorities had confirmed that Pieterse was not a suspect in the original case.
This distinction is important because the current prosecution concerns statements allegedly made by Malema about Pieterse rather than the original allegations involving the child.
The prosecution will therefore focus on whether Malema’s statements amounted to a criminal violation of Pieterse’s dignity.
As the matter moves towards court, the allegations against Malema remain allegations until they are tested through the legal process.
AfriForum private prosecution unit challenges Malema
The AfriForum private prosecution effort was led by advocate Gerrie Nel and other legal representatives acting on behalf of Pieterse.
AfriForum argued that Malema’s statements had caused serious reputational and personal harm to Pieterse.
In its representations, the organisation also highlighted Malema’s previous efforts to protect his own dignity when he was the subject of allegations of criminal conduct.
Nel argued that Malema had previously demonstrated an understanding of the consequences that public accusations could have on an individual’s reputation.
The legal argument sought to establish that the same principle should apply when accusations are directed at Pieterse.
AfriForum has maintained that political status should not protect anyone from legal accountability.
The organisation has also indicated that it will continue pursuing complaints involving other politicians who allegedly made similar claims about Pieterse.
These include ANC secretary-general Fikile Mbalula and Eastern Cape education MEC Fundile Gade.
However, the NPA’s current instruction specifically relates to Malema and a charge of crimen injuria.
Jaco Pieterse welcomes prosecution decision
Jaco Pieterse has welcomed the decision, saying the allegations had placed significant pressure on him and those close to him.
Pieterse has maintained that the public accusations caused considerable damage to his reputation and subjected his family and friends to distress.
Following the NPA’s decision, he said the development represented an important step towards clearing his name.
He also expressed hope that the case would demonstrate that there can be consequences when public figures make serious criminal allegations without sufficient evidence.
The case has placed renewed attention on the responsibility of politicians and other prominent figures when making claims involving serious criminal offences.
Public accusations can spread rapidly through social media, potentially reaching millions of people before a matter has been tested in court.
For people accused of serious crimes, the consequences can include reputational damage, threats, harassment and pressure on their families, even when no criminal prosecution follows.
Bergview College rape allegation remains separate
The Bergview College rape allegation remains a separate issue from the prosecution now facing Malema.
The original allegation involved a child and prompted widespread public concern. It also became associated with the #JusticeForCwecwe campaign.
Authorities investigated the matter before deciding not to prosecute anyone.
The NPA’s decision not to proceed with the original case has become a central part of the arguments surrounding Pieterse’s complaint against Malema.
AfriForum has argued that Pieterse should not have been publicly identified as a perpetrator when he was not prosecuted over the original allegations.
The organisation has also pointed to statements attributed to police and other authorities regarding Pieterse’s status in the investigation.
The distinction between an allegation, an investigation and a criminal conviction remains critical.
A person being accused of an offence does not establish guilt, while a decision not to prosecute does not necessarily provide a judicial finding on every factual issue surrounding an incident.
In Malema’s case, the court will ultimately determine whether the prosecution meets the legal requirements for the crimen injuria charge.
Malema faces court process
The instruction to prosecute means the Malema accused principal of rape as he faces prosecution story has now moved beyond political debate and into the criminal justice process.
The EFF leader has not been convicted of crimen injuria, and the case still has to go through the appropriate court procedures.
The prosecution will need to present its case, while Malema will have the opportunity to defend himself against the charge.
The matter could also involve arguments about the context of his statements, their meaning, whether they were unlawful and whether the required elements of the offence can be established.
The case is therefore likely to attract significant public attention because of Malema’s prominent political position and the sensitivity of the allegations that gave rise to the complaint.
It also raises broader questions about political speech, freedom of expression, reputational harm and the responsibilities of public figures.
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What happens next?
The next major step will be the enrolment of the matter in the Johannesburg Magistrates’ Court.
The prosecution date has not yet been announced.
Once the case is enrolled, the court process will determine the next stages, which may include the accused’s first appearance, formalisation of the charge and further procedural steps.
Until then, both sides are expected to continue preparing their respective cases.
For Pieterse, the prosecution represents an opportunity to have his complaint tested in court after months of controversy.
For Malema, the case presents an opportunity to challenge the allegations and defend his statements through the legal process.
The development also serves as a reminder that serious allegations involving criminal conduct can have consequences beyond political debate.
As the Julius Malema prosecution moves forward, attention will now shift from public statements and political arguments to evidence and legal submissions in court.
The outcome will ultimately depend on the evidence presented and the findings of the court.
For now, the NPA’s instruction to prosecute Malema marks a significant development in a case that began with allegations surrounding Bergview College and has since evolved into a legal battle over public accusations, dignity and accountability.
References
- Eyewitness News (EWN) — EC school principal lays charges against some politicians over ‘false, reckless’ claims of raping minor. The report covers Jaco Pieterse’s criminal complaints against Julius Malema, Fikile Mbalula and Fundile Gade, including the crimen injuria allegations.
Read the full EWN report - IOL — Bergview principal lays charges against Malema, Mbalula for ‘false rape claims’. The report details the charges laid by Jaco Pieterse and AfriForum’s involvement in the matter.
Read the full IOL report - Eyewitness News (EWN) — Police did a thorough job investigating alleged rape of EC schoolgirl – AfriForum. The article reports on the NPA’s decision not to prosecute in the underlying alleged rape case and AfriForum’s response.
Read the full EWN report
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