Cape Town – The Supreme Court of Appeal (SCA) has dismissed AfriForum’s appeal against the ruling that the EFF’s singing of “kill the boer” is not hate speech, confirming the Equality Court’s decision from August 2020.
The SCA also rejected AfriForum’s application for the recusal of Justice Raylene Keightley, finding no bias.
The court ruled that the song, performed by EFF leader Julius Malema, is a form of political speech protected under freedom of expression.
The SCA said that a “reasonably well-informed person” would understand that when Malema sang “Dubula ibhunu,” he was not inciting violence against farmers or white South Africans of Afrikaans descent, nor was he romanticizing farm attacks, contrary to AfriForum’s claims.
Today the Supreme Court of Appeal dismissed Afriforum’s appeal in the “Kill the Boer” song case.
The SCA upheld the High Court’s reasoning that the song is not to be read literally, is not hate speech, and Malema’s singing of the song is protected under his free speech rights. pic.twitter.com/RAJCAHkLSd
— Mbekezeli (@MbekezeliMB) May 28, 2024
“The reasonably well-informed person would understand that Mr Malema was using a historic struggle song, with the performance gestures that go with it, as a provocative means of advancing his party’s political agenda.
“Understood in its full context, it was a form of political speech. Even if Mr Malema’s performance of Dubula ibhunu may be regarded by some people to be shocking or even disturbing, the Constitution required a measure of tolerance,” it said.
The court said that Malema was simply exercising his right to freedom of expression.
“He was doing so in the course of participating in the activities of, and campaigning for, the political party of which he was leader, which rights are protected under s 19(1)(a) of the Constitution. The same reasoning applied in respect of Dr Ndlozi regarding Shisa lamabunu.”
AfriForum, however, said that it will consult with its lawyers to discuss a potential Constitutional Court challenge.
It insisted that if the courts cannot protect the rights of farmers and Afrikaners, they will need to take their safety into their own hands, reports said.
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Compiled by Betha Madhomu
