Cape Town – The Constitutional Court has dismissed AfriForum’s appeal to ban the song Kill the Boer, Kill the Farmer, ruling that the application has no reasonable prospects of success.
This upholds a 2022 Equality Court decision, which found that the song — frequently sung by EFF leader Julius Malema — does not constitute hate speech but is protected under free speech.
According to IOL, Judge Edwin Molahlehi ruled that the lyrics should not be taken literally and that AfriForum failed to prove the song incites harm or hatred.
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The Constitutional Court of South Africa has dismissed the racist lobby group Afriforum’s leave to appeal the Equality Court and Supreme Court of Appeals Judgements, which found that “Kill The Boer, Kill The Farmer” do not constitute hate speech.
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Malema maintains that the chant is a political tool to mobilise support rather than a call to violence.