Judgment on ANC Malema application draws near

2011-02-24 12:37

A ruling on whether the ANC would be allowed to intervene in the hate-speech case against ANC Youth League president Julius Malema will be handed down tomorrow morning by Judge Colin Lamont.

The ANC earlier argued that it owned the struggle song which contained the words “shoot the boer” and should therefore be party to any litigation which could see it outlawed.

The case related to Malema’s use of the term “shoot the boer” contained in a liberation song.

Acting for the ANC, advocate Vuyani Ngalwana likened it to the Afrikaner folk song De La Rey.

He argued that it would be “the zenith of absurdity” to ban De La Rey.

“It is similarly absurd for AfriForum to suggest a struggle song should be banned because there is this ingrained belief that black people are susceptible to be incited to rise up and kill the first white person he sees.”

Ngalwana said the ANC had a “direct and substantial interest” in the case.

The Transvaal Agricultural Union of South Africa has also applied to intervene in the matter.

Its lawyer Loubser van der Walt said the organisation represented farmers who are referred to in the song.

“We are more directly influenced by this case than just a normal Afrikaner.

“We have access to the best statistics about incidents that happened on farms and about the effect of the song on the farming community,” he said.

AfriForum initially lodged a complaint in the Equality Court last year, but the case was moved to the High Court due to the national interest of the case.

Afriforum opposed the ANC’s application saying its involvement would “burden proceedings”.

Afriforum proposed that the ANC and the Transvaal Agricultural Union should be allowed to submit affidavits.

Thereafter, should Lamont require any further evidence from them, he could request it.

Ngalwana opposed this.

Lamont seemed hesitant to adopt this approach as, he said, he would then not have control over the parties contributing to the case.

Judgment will be handed down at 10am tomorrow.

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