The Economic Freedom Fighters (EFF) has come out in defense of its leader Julius Malema, who is facing a crimen injuria prosecution over comments he made about the alleged rape of a seven-year-old girl. Malema's remarks were made in response to the case involving the child, known as CweCwe, and were intended as a political statement of outrage. The EFF said Malema's comments were not a legal pronouncement, but rather a political response to the case.
The prosecution against Malema was initiated by AfriForum's Private Prosecution Unit, which argued that Malema's comments damaged the dignity of former Bergview College principal Jaco Pieterse. Pieterse laid a criminal complaint against Malema, as well as ANC secretary-general Fikile Mbalula and Eastern Cape Education MEC Fundile Gade. AfriForum's head of Private Prosecution Unit, Advocate Gerrie Nel, said the circumstances surrounding the comments were relevant to the assessment of the case.
The EFF rejected AfriForum's position, saying that Malema's remarks should be viewed as political commentary made amid public outrage over the case. The party questioned why Pieterse, as the school principal, refused to provide a voluntary DNA sample during the investigation. According to the EFF, this refusal raised suspicions, especially given that the child's allegations had not been properly and thoroughly investigated.
The EFF also criticized AfriForum's involvement in representing Pieterse, accusing the organization of prioritizing the rights of an adult over those of the child. The party lodged a complaint with the South African Human Rights Commission (SAHRC) against AfriForum and its spokesperson Barry Bateman over public statements that the child "was not raped". The EFF said the SAHRC had not received a formal response from AfriForum.
The EFF revealed that CweCwe's family was pursuing a private prosecution and had received a copy of the docket. This development coincided with AfriForum's presentation to the National Prosecuting Authority (NPA) seeking prosecution of Malema. AfriForum's prosecution efforts aim to hold those who falsely accused Pieterse accountable. The organization's Private Prosecution Unit is also pursuing the matter involving Mbalula.
The EFF vowed to continue defending the rights of children in cases involving allegations of abuse. The party said it was its political duty to prioritize the rights of a child over those of an adult and to ensure that anyone who commits harm or appears to have caused harm to a child is pursued decisively. The EFF also criticized the South African Police Service (SAPS), the NPA, and the SAHRC for failing to adequately protect the child's rights.
The EFF said the matter was about more than Malema and described it as a broader issue concerning the protection of children and access to justice. The party made no apology for protecting and pursuing the human rights of a child over those of an adult. The dispute follows the NPA's decision in May 2025 not to prosecute anyone in connection with the alleged rape due to insufficient evidence.
Key points
- The EFF is defending Julius Malema's comments as a political statement of outrage on behalf of the alleged rape victim.
- AfriForum's Private Prosecution Unit is pursuing criminal proceedings against Malema and Mbalula over comments it says falsely linked Pieterse to the alleged rape.
- The EFF has lodged a complaint with the SAHRC against AfriForum and its spokesperson Barry Bateman over statements made about the alleged rape case.
