Malema to face prosecution over EC school principal rape allegation

In a letter dated June 18, the NPA’s Gauteng local division in Johannesburg confirmed that AfriForum’s representations had been successful.

“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 letter states.

A criminal complaint was opened by Jaco Pieterse, the former principal of Bergview College in Matatiele, Eastern Cape, after Malema allegedly publicly accused him of raping a seven-year-old girl, known publicly as Cwecwe.

The NPA letter identifies the case as Sophiatown CAS 137/06/2025 and lists the complainant as Pieterse.

AfriForum’s June 18 letter to the director of public prosecutions sought prosecution on charges including criminal defamation, crimen injuria and possible contraventions of the Cybercrimes Act.

The NPA’s subsequent decision specifically confirms an instruction to prosecute Malema on a charge of crimen injuria.

“The complaint against Malema stems from statements he made on April 6 2025 at the party’s land reclamation day at the Sophiatown Extreme Park in Johannesburg,” AfriForum said.

“At this event, Malema publicly claimed that a school principal raped a seven-year-old girl and alleged that the principal was being treated differently from other suspects. Malema also suggested that the principal may have committed similar offences in the past.”

The letter states that the NPA had publicly confirmed that there was no evidence of rape and that SAPS had stated Pieterse was never a suspect.

It also notes that then police minister Senzo Mchunu had apologised for previously referring to Pieterse as a suspect.

The case involving Cwecwe sparked widespread public outrage in 2025 with protests held under the #JusticeForCwecwe banner.

AfriForum said the NPA subsequently decided not to prosecute anyone in connection with the alleged rape.

According to the organisation, the NPA said there was “no evidence of rape or sexual assault” after the girl was interviewed and examined by medical practitioners and forensic social workers.

AfriForum said Pieterse opened criminal complaints against three politicians: Malema, ANC secretary-general Fikile Mbalula and Eastern Cape education MEC Fundile Gade, whom it accuses of making similar allegations.

The NPA’s June 18 letter to the AfriForum unit followed representations made by advocate Gerrie Nel and advocate P Vorster on behalf of Pieterse.

Nel argued that Malema understood the impact of being publicly accused of criminal conduct because he had previously taken legal action to protect his own dignity.

“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. 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,” said Nel.

He referred to Malema’s High Court case against PA deputy leader Kenny Kunene after allegations made by Kunene that Malema was involved in drug dealing and other unlawful activities.

According to the letter, Malema had described Pieterse as “the principal that raped Cwecwe” and said “it is not the first time he is doing what he did to this little girl”.

Pieterse welcomed the decision, saying the allegations had caused significant harm to him and those close to him.

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

AfriForum said the instruction had been given to the chief prosecutor at the Johannesburg magistrate’s court to initiate prosecution proceedings against Malema.

“While the private prosecution unit is satisfied with the decision to prosecute Malema, it will continue its engagements with the NPA to ensure that Mbalula and Gade are also prosecuted. The unit remains steadfast in its belief that no person should be shielded from prosecution because of their political connections or status in society.”