AfriForum has received confirmation that a prosecution of Julius Malema can be enrolled in the Johannesburg Magistrate’s Court.

The civil society group wishes to have Malema prosecuted for crimen injuria over comments he made about the former principal of Bergview College, Jaco Pieterse.

The principal was at the centre of an incident at the Matatiele school where the mother of a seven-year-old girl claimed her daughter had been raped in October 2024.

Accusations were made against Pieterse, but the National Prosecuting Authority (NPA) stated there was no proof the incident occurred.

“The prosecutors assessed the contents thereof and concluded that there was insufficient evidence upon which a successful prosecution could be instituted as no conclusive evidence of rape or sexual assault could be found after an interview and examination conducted on the minor girl,” the NPA stated in May 2025.

At the height of the attention focused on Cwecwe, as the girl became known, Malema called Pieterse a rapist while speaking at a rally, while suggesting the alleged incident was not isolated.

A month after being cleared by the NPA and police minster Senzo Mchunu confirming he was not a suspect, Pieterse laid complaints against Malema, as well as ANC secretary-general Fikile Mbalula and Eastern Cape education MEC Fundile Gade, for similar comments.

After a year without progress on the complaint, AfriForum made representations to the NPA, who this week confirmed that a prosecution would be considered.

“Kindly note that your representations are successful and an instruction has been issued to the Acting Chief Prosecutor, Ms Bezuidenhout, to institute prosecutions in the Johannesburg Magistrate’s Court on a charge of Crimen Injuria,” the NPA’s letter to AfriForum dated 6 August read.

While confirmation was received, no dates had yet been set, with further action against Mbalula and Gade still being deliberated on.

Afriforum argued that Malema is being held to the same standards that the EFF leader himself had set in seeking prosecution of alleged defamatory remarks.

Malema sued the Patriotic Alliance’s Kenny Kunene earlier this year for references made to the former’s relationship with businessman Adriano Mazzotti, however, that case was struck from the roll in June.

Also in June, social media personality Musa Khawula was forced to apologise to Malema after references he made to Malema’s marital relationship.

“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.

“He 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.

“Thus, well-informed of his right to dignity and privacy, he, without cause and on a public platform, called Pieterse a ‘rapist’,” stated head of AfriForum’s private prosecutions unit Gerrie Nel.

Pieterse said he hoped the case would send a message about accusing others of “vile crimes” without considering the damage to the lives of those falsely accused.

“My hope is that this case will help protect ordinary citizens against politicians and people in power and hold them accountable.

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