EFF leader Julius Malema is facing yet another legal battle after the National Prosecuting Authority agreed to charge him with crimen injuria for falsely accusing a school principal of being a serial child rapist.

AfriForum’s Private Prosecution Unit successfully convinced the NPA to prosecute Malema following public statements he made in April 2025 at the party’s Land Reclamation Day in Johannesburg. During the event, Malema publicly claimed that Jaco Pieterse, former principal of Bergview College in Matatiele, raped a seven-year-old girl and suggested he may have committed similar offences in the past.

NPA confirms no evidence of rape

The accusations stem from allegations made by a child’s mother in October 2024. Both Pieterse and the school caretaker became targets of a social media campaign in November 2024 after the NPA declined to prosecute due to insufficient evidence. In May 2025, the NPA confirmed it would not prosecute anyone in connection with the alleged rape.

“There is no evidence of rape or sexual assault after the minor girl was interviewed and examined by medical practitioners and forensic social workers,” an NPA spokesperson said at the time.

Pieterse laid a criminal complaint at Sophiatown Police Station in June 2025 with support from AfriForum’s Private Prosecution Unit. When no decision to prosecute was forthcoming, the unit made representations to the NPA on 18 June.

Malema’s own legal battles cited

Advocate Gerrie Nel, head of the unit, pointed to Malema’s own court actions when he was falsely accused of being a drug dealer and when a blogger claimed he and his wife were divorcing.

“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.

Nel noted that in the blogger case, Malema’s lawyers said the claims subjected his children to “emotional harm and public scrutiny” and that he had been exposed to “ridicule, speculation, humiliation and reputational harm on a mass scale”. The court 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. Thus, well-informed of his right to dignity and privacy, he, without cause and on a public platform, called Pieterse a ‘rapist’,” Nel said.

Principal seeks accountability

Pieterse said the NPA’s decision has lifted a huge weight off his shoulders. “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.

He added that he hopes the courts send a strong message about the consequences of making reckless 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.”

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Other cases pending

Similar criminal complaints were 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 unit will continue engaging with the NPA to ensure both Mbalula and Gade are also prosecuted.

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

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

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