Cape Town – AfriForum has called for acting Supreme Court of Appeals Judge Raylene Keightley to recuse herself from the ‘Kill the Boer’ case, alleging bias.
The case revolves around a hate speech claim against Economic Freedom Fighters (EFF) leaders Julius Malema and Mbuyiseni Ndlozi for singing the controversial song.
In October of last year, the Equality Court dismissed the hate speech case, ruling that the song was protected as freedom of speech.
AfriForum chief executive Kallie Kriel, cited previous instances where Judge Keightley had apparently shown bias against their organisation, including comments made in 2018 and a previous court case.
“This request follows after it came to light this past week that Keightley lashed out against AfriForum in court in 2018 by arguing that this civil rights organisation is unwilling to move beyond its ‘anachronistic positions’, Politicsweb quoted Kriel as saying.
AfriForum is concerned about the potential conflict of interest, as Judge Keightley may require Julius Malema’s recommendation for a permanent appointment in the court.
“If Keightley, who is currently acting as Judge of Appeal, wanted a permanent appointment in the said court, she would have to appear before the Judicial Service Commission, of which Julius Malema is a member, and be recommended for the position by Malema and other members.
“AfriForum has always had high regard for the Supreme Court of Appeal and its judges, but this kind of conflict of interest and Keightley’s actions pose the danger that ordinary people may lose confidence in the courts,”said Kriel, according to IOL.
The organisation has requested her recusal and threatened to formally apply for her removal if necessary.
The ‘Kill the Boer’ song remains a divisive issue, with Malema asserting his right to sing it despite criticism from various quarters, including Elon Musk and former president Thabo Mbeki.
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Compiled by Betha Madhomu
