EFF hits back at AfriForum over Malema’s crimen injuria prosecution

The Economic Freedom Fighters (EFF) has defended its leader, Julius Malema, over remarks about the alleged rape of a seven-year-old girl, saying his comments were made as a political response to the case and that the party would not be silenced by the criminal prosecution he now faces.

The development comes after the National Prosecuting Authority (NPA) decided to prosecute Malema for crimen injuria over comments he made about former Bergview College principal Jaco Pieterse in the aftermath of a case involving a child, known as “CweCwe.” AfriForum’s Private Prosecution Unit is pursuing criminal proceedings against both Malema and ANC secretary-general Fikile Mbalula over comments it says falsely linked Pieterse to the alleged rape. Pieterse laid criminal complaints against Malema, Mbalula, and Eastern Cape Education MEC Fundile Gade.

The EFF said in a statement that it was not fazed by the announcement. “The pursuit of this by the NPA at the behest of the racist reincarnation of the Boeremag in the form of AfriForum, is part of a vindictive ideological agenda by right-wingers, who cannot bear the influence that the EFF and its leader continue to hold in various spheres of government and society.”

“His remarks were a political statement of outrage on behalf of a child and a grieving family, not a legal pronouncement, and they must be understood in that context, as a political statement at a political event in defence of an unspeakable crime against a child.”

The party further accused AfriForum of prioritizing the rights of an adult over those of a child, noting that it had lodged a complaint with the South African Human Rights Commission (SAHRC) against AfriForum and its spokesperson, Barry Bateman, in June 2025. The EFF claims this complaint followed public statements from the organization that the child “was not raped,” which were made before the investigation had been concluded.

“It is our political duty to ensure that anyone who commits harm or appears to have caused harm to a child is pursued decisively, and it is our political duty to always prioritise the rights of a child over an adult. We do so unapologetically and AfriForum, even with the might of Donald Trump, will not silence us,” the EFF stated.

Advocate Gerrie Nel, head of AfriForum’s Private Prosecution Unit, maintained that the circumstances surrounding the comments were relevant to the assessment of the case. The dispute follows the NPA’s decision in May 2025 not to prosecute anyone in connection with the alleged rape, citing insufficient evidence after the child was interviewed and medically examined.