NPA authorises prosecution of Julius Malema over ‘child rapist’ allegation in Cwecwe case

The National Prosecuting Authority (NPA) has instructed prosecutors to initiate crimen injuria proceedings against Economic Freedom Fighters (EFF) leader Julius Malema after representations by AfriForum’s Private Prosecution Unit over comments he allegedly made about former Bergview College principal Jaco Pieterse.

What the NPA decision says

The NPA directed the chief prosecutor at the Johannesburg Magistrates’ Court to begin proceedings against Malema. It is not yet known when the matter will be enrolled.

Origins of the complaint

The complaint stems from remarks Malema is said to have made on 6 April 2025, during the EFF’s Land Reclamation Day at Sophiatown Extreme Park in Johannesburg, when he publicly alleged that a school principal had raped a seven-year-old girl and suggested the principal may have committed similar offences in the past. AfriForum says Malema branded Pieterse a “serial child rapist.”

A criminal complaint against Malema was lodged at Sophiatown Police Station in June 2025, and AfriForum’s representations to the NPA were submitted on 18 June 2026 by Advocate Gerrie Nel, head of AfriForum’s Private Prosecution Unit.

The underlying Cwecwe matter

The allegations involve a child referred to in reports by the pseudonym Cwecwe. According to the child’s mother, the girl was allegedly raped at Bergview College in Matatiele in October 2024.

The NPA previously said the investigation docket was submitted to prosecutors at the Matatiele Magistrate’s Court in November 2024. Prosecutors and the Matatiele Thuthuzela Care Centre considered the matter and, after assessing evidence including an interview with the child and a medical examination, concluded there were not sufficient grounds to institute a prosecution. The Eastern Cape Director of Public Prosecutions called for a review; prosecutors in the DPP’s office reconsidered and upheld the original decision not to prosecute.

Former NPA national spokesperson Advocate Mthunzi Mhaga said the decision was not publicly announced at the time because of concerns it could interfere with the investigation. He added that, given the public interest when the matter resurfaced in April 2025, the NPA decided to communicate the prosecutors’ decision and that police had since resubmitted the docket to the DPP’s office for further consideration.

Responses and statements

AfriForum communications manager Barry Bateman said the prosecution was an important development.

“The decision confirms that no one is above the law and that political status does not provide protection against criminal prosecution,”

Advocate Gerrie Nel, in representations to the NPA, referred to previous instances in which Malema had taken legal action after being publicly accused of criminal wrongdoing and argued that Malema understood the impact of false allegations on a person’s dignity.

Jaco Pieterse welcomed the NPA’s decision.

“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,”

Pieterse said he hoped the case would help protect ordinary citizens against politicians and people in power.

Suspended Police Minister Senzo Mchunu, who was also accused of making statements about Pieterse, said he had had no intention of defaming him and accepted responsibility for the statement attributed to him while serving as police minister.

“As the Minister of Police, I take responsibility for the statement in question. I would like to assure you that it was issued in good faith and there was no malicious intent whatsoever,”

AfriForum’s next steps

Bateman said AfriForum would continue engaging with the NPA over complaints against ANC secretary-general Fikile Mbalula and Eastern Cape education MEC Fundile Gade.

“AfriForum’s Private Prosecution Unit remains steadfast in its belief that no person should be shielded from prosecution because of their political connections or status in society,”

The NPA instruction to proceed against Malema follows AfriForum’s representations; further court dates and the enrolment of the matter have not been announced.