ANC in ‘Shoot The Boer’ Court Challenge

2010-04-08 12:52

THE ANC has launched its appeal against an interdict on singing “shoot the boer” but its call to exercise “restraint” in singing the lyrics remains in force, the party has said.


“We find it very unfortunate that when the court heard the matter and came to the unconstitutional finding, the ANC – an interest party central to the matter – was neither alerted nor allowed to make an input.”


The party “restrained” its members from singing the lyrics “shoot the boer”, a chant by a former ANC Youth League (ANCYL) president Peter Mokaba, which was inserted in a liberation song “Ayesaba Amagwala” (the cowards are afraid).


Afrikaner lobby group Afriforum successfully received an interdict from the South Gauteng High Court last week on the singing of the three words, pending the hearing of a hate speech application to the Equality Court, which is due to begin on May 3.


The ANC believes the court erred in banning the words in question “irrespective of the time, place, manner and context in which the words are uttered, published or chanted”.


The court also failed to consider the constitutional guarantee of the freedom of expression, and that any action should have been directed to the Equality Court.


The ANC also wants the judge to supply reasons for his judgment.


The action was not related to yesterday’s call for restraint.


“The call made remains in force.”


ANCYL president Julius Malema pushed the lyrics into the limelight by singing them at a student gathering in Johannesburg last month.


Debate over whether it is a liberation song that should not be taken literally, or whether it incites the murder of farmers came to a head when AWB leader Eugene Terre’Blanche was beaten to death on his farm in Ventersdorp on Saturday. – Sapa


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