You would do well to point your fingers at the real reason why he felt free to continue to sing this song.
At the EFF’s 10th Birthday Rally this weekend the EFF’s head honcho/dictator for life/chief rabble rouser/R2 Million Watch Guy, Julius Malema (Commander in Chief), sang the controversial “Kill the Boer” struggle song.
In August 2022, Judge Molahlehi of the Equality Court in Johannesburg ruled that the singing of “Kill the Boer – Kill the Farmer” by EFF supporters in Senekal in October 2020 was not hate speech. The Equality Court dismissed Afriforum’s application and ordered it to pay the EFF’s costs.
The judge left the door open for the chant to be “offensive and undermining” in a different context. Judge Edwin Molahlehi, sitting as an Equality Court in the High Court in Johannesburg, ruled; “It does not constitute hate speech and deserves to be protected under the rubric of freedom of speech – it articulates the failure of the current government to address issues of economic empowerment and land division,” he said.
BUT – many in South Africa do agree that the singing of the song is insensitive and morally questionable in a very racially charged South African political environment.
In October 2022, the Equality Court granted leave to appeal in the civil rights organisation AfriForum’s Kill the Boer hate speech case against the EFF, Julius Malema and Mbuyiseni Ndlozi.
This application came after the Equality Court declared in August that the chant Kill the Boer is not hate speech.
Ernst van Zyl, Campaign Officer for strategy and content at AfriForum, says that this case is of great importance, as a message must be sent loud and clear that chants that incite violence is unacceptable and will have consequences.
Alan Straton
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