EFF leader Julius Malema is set to face a criminal charge of crimen injuria after the National Prosecuting Authority (NPA) instructed the chief prosecutor at the Johannesburg Magistrate’s Court to initiate proceedings against him.

The decision follows representations made by AfriForum’s Private Prosecution Unit on behalf of Jaco Pieterse, former principal of Bergview College in Matatiele in the Eastern Cape. Malema allegedly publicly accused Pieterse of being a rapist and receiving special treatment.

This after the girl’s mother claimed she was raped at the school.

In April last year, Police Minister Senzo Mchunu issued an apology to Pieterse for wrongly identifying him as a suspect in the rape investigation after his department issued a statement identifying ‘three suspects including the school principal’.

In May of the same year, the NPA announced that it would not prosecute anyone in connection with the case after no evidence could be found that an act of rape or sexual assault was committed.

The complaint against Malema comes after alleged statements he made at the EFF’s Land Reclamation Day at the Sophiatown Extreme Park in Johannesburg in April last year. He allegedly claimed that a school principal raped a girl and suggested that he might have committed similar offences in the past.

AfriForum supported Pieterse to lay criminal complaints against Malema as well as ANC secretary-general Fikile Mbalula, and Eastern Cape education MEC Fundile Gade, who allegedly made similar allegations against him.

Private prosecution unit pushes for further charges

When a decision to prosecute Malema was not forthcoming, the unit made representations to the NPA.

In a press release, AfriForum’s prosecution unit said that the NPA has since instructed the chief prosecutor at the Johannesburg Magistrate’s Court to initiate prosecutions against Malema. It is not yet known when the matter will be enrolled.

Pieterse said the NPA’s decision had lifted a huge weight off his shoulders.

“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. I have become aware of many others who have experienced, and still experience daily, similar pain because of the thoughtless behaviour of so-called leaders. My hope is that this case will help protect ordinary citizens against politicians and people in power and hold them accountable,” said Pieterse.

A statement by the prosecution unit reads that while it is satisfied with the decision to prosecute Malema, it will continue engagements with the NPA to ensure that both 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,” the statement reads.

A request for comment sent to EFF spokesperson Sinawo Thambo was not answered at the time of publishing.

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