Cape Town – Economic Freedom Fighters (EFF) leader Julius Malema may be dragged to another hate speech court case after the SA Human Rights Commission (SAHRC) found that his “killing is a revolutionary act” statement constituted hate speech.
In August, the Equality Court ruled in favour of the party leader and Member of Parliament (MP) Mbuyiseni Ndlozi in the “Shoot the Boer” case where the AfriForum claimed the song was hate speech.
Malema argued at the time that the song was taken out of context and that it was part of the country’s heritage, not a command.
However, the SAHRC found that the EFF leader’s speech and some of the posters displayed at the party’s Provincial People’s Assembly in the Western Cape last month “collectively, constitute incitement of violence, hate speech”, reported News24.
The speech and the posters may have constituted a possible transgression of other provisions in the Promotion of Equality and Prevention of Unfair Discrimination Act, the report said.
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According to SAHRC’s acting spokesperson, Wisani Baloyi, they received complaints relating to comments made by Malema in reference to the Brackenfell High School and footage of a white person beating up one of their members, reported the SowetanLIVE.
“Mr Malema questioned why that (white) person had not been located and taken to ‘an isolated space and attend to the guy properly’, followed by an exhortation to the members that ‘You must never be scared to kill, a revolution demands that at some point there must be killing, because the killing is part of a revolutionary act,” Baloyi said.
Some complaints were related to posters that were held by EFF members stating that: “Honeymoon is over for white people in South Africa” and “A revolutionary must become a cold killing machine motivated by pure hate” during the gathering on October 16, Baloyi said.
Malema and the party have been given 10 days to apologise and retract their statements or face the Equality Court, said Baloyi.
EFF Statement On The South African Human Rights Commission’s Categorising Of Remarks By CIC @Julius_S_Malema As Hate Speech And Incitement Of Violence pic.twitter.com/QE5sz8nY9c
— Economic Freedom Fighters (@EFFSouthAfrica) November 9, 2022
However, the EFF “completely refuted the allegations made by the Human Rights Commission” in a statement on Twitter.
The red berets described the allegations “as part of the nefarious attempts to erase the truth of our liberation history and an attempt to limit free speech”.
The party alleged that the SAHRC had concluded its investigation and reached findings “without allowing the EFF to present its side of the story”.
“Laws of natural justice demand that institutions like the commission must hear both sides before making a determination. We will, therefore, not meet the 10-day deadline of the commission or apologise until we are listened to by a neutral body,” read the statement.
With regards to the comments and posters in question, the party said that the comments were “taken out of its context” and “manipulated and distorted” to paint it and its leader in a bad light.
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Picture: Twitter/@EFFSouthAfrica
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Compiled by Olwethu Mpeshe
