PRETORIA, Gauteng — AfriForum’s Private Prosecution Unit is pushing for criminal charges against Economic Freedom Fighters (EFF) leader Julius Malema after he publicly accused Jaco Pieterse, the former principal of Bergview College in the Eastern Cape, of raping a seven-year-old girl — an allegation for which no evidence was ever found and for which Peters was never listed as a suspect.
Barry Bateman, representing AfriForum’s Private Prosecution Unit, confirmed that the civil rights organisation is pursuing prosecution on the grounds that Malema made patently false claims that fundamentally violated Peters’ constitutional right to dignity.
The Accusation and Its Aftermath
The case stems from comments Malema made in April 2025, during which he publicly stated that Pieterse raped the child and suggested the former educator may have committed similar offences in the past. Following those remarks, the National Prosecuting Authority (NPA) investigated the alleged rape but declined to prosecute, citing insufficient evidence.
Peters subsequently lodged a criminal complaint against Malema at the Sophiatown police station in June 2025. Similar complaints were also filed against ANC Secretary General Fikile Mbalula and Eastern Cape Education MEC Fundile Gade over the same allegations.
According to Bateman, the three complaints were registered at different police stations: Malema’s at Sophiatown, Mbalula’s at Boksburg, and Gade’s in the Eastern Cape. He confirmed that the Director of Public Prosecutions’ office has made a decision on the Malema matter, while AfriForum continues engagements with the NPA to ensure the other two cases are also enrolled for prosecution.
“He Was Never a Suspect”
Bateman stressed that the legal foundation of the case rests on a critical fact: Pieterse was never identified as a suspect in the police investigation into the alleged rape.
“He went outright and said, ‘That principal raped [the child].'” Bateman stated. “We say this is a fundamental violation of his rights to dignity, and that there should be consequences for this.”
Bateman further noted the irony that Malema has himself turned to the courts on multiple occasions when his own dignity was allegedly violated — including when Kenny Kunene referred to him as a drug dealer and when a person made public claims about his marriage. In those instances, Malema argued that not only his dignity but that of his wife and family had been violated.
Intimidation and Cybercrime Charges Declined
Bateman revealed that AfriForum had also filed complaints of intimidation and cybercrimes, including criminal injuria, on Pieterse’ behalf. The intimidation charge related to Malema allegedly telling thousands of supporters that the EFF would arrest Peters. The cybercrime complaint concerned the fact that the accusations were broadcast on the EFF’s official channel.
However, the NPA declined to prosecute on both those grounds. The organisation is now proceeding with the criminal injuria angle through private prosecution channels.
Political Expression vs. False Accusations
Addressing the boundary between protected political speech and defamatory statements, Bateman drew a clear distinction. Speaking on the weekend of Women’s Day, he acknowledged that speaking out against gender-based violence is both responsible and necessary.
“It’s one thing to speak out against the scourge,” Bateman said. “It’s another to say, ‘That teacher raped that child, and therefore we are going to arrest him.’ It simply cannot be accepted as a form of freedom of expression when it fundamentally undermines the rights of an individual.”
A Life Upended
Bateman described the devastating personal toll on Pieterse since Malema’s public statements. “Mr. Pieterse has lost everything. He’s no longer a teacher. He had to leave the town where he had spent a large part of his life. His business [suffered],” Bateman said before the connection briefly faltered.
Returning to the conversation, Bateman emphasised that politicians command large platforms and bear a responsibility to use them carefully. “Accusing people who — there’s no facts to suggest that they were involved in any kind of criminality — is irresponsible,” he said. “There should be criminal consequences, as is the case with Julius Malema and Fundile Gade.”
No Legal Reform Needed, Just Enforcement
Asked whether new legislation is required to protect individuals from false accusations by public figures, Bateman said existing laws are sufficient. “I don’t think there needs to be legal reforms. I think the police should be more stringent and should act swiftly on criminal complaints of this nature,” he said.
He pointed out that it took AfriForum’s office to make representations before the NPA finally reached a decision, despite the case being open for more than a year. “These matters should be taken seriously, and if they are, like all crimes, there needs to be certainty of conviction,” Bateman concluded.
AfriForum indicated it will continue pressing the NPA on the parallel complaints against Mbalula and Gade.
The EFF has been approached for comment.
