No more ‘Shoot the Boer’

2012-11-01 00:00

JOHANNESBURG — Former ANC Youth League leader Julius Malema, the ANC and AfriForum have buried the hatchet in their bitter feud over the struggle song, Shoot the Boer.

Sister paper City Press understands that the parties reached an 11th-hour settlement before the appeal case was due to be argued in the Supreme Court of Appeal (SCA) today.

Last year, the struggle song Dubul’ iBhunu (Shoot the Boer) was declared hate speech by Judge Colin Lamont in the South Gauteng High Court, sitting as an Equality Court.

Judge Lamont said the words “awudubula iBhuna” (shoot the Boer) and “dubula amaBhunu baya raypha” (shoot the rapist/thieves) is hate speech.

The matter went to court after Malema repeatedly sang the song at official ANC Youth League events and Afriforum laid a complaint.

In a judgment that was widely criticised for being too broad, Lamont found that the words of the song were “derogatory, dehumanising and hurtful”.

Lamont interdicted all members of the ANC from singing the song in public or at private functions.

The judgment sparked protest and criticism from ANC members, with the party vowing to take the battle all the way to the Constitutional Court for the right to sing the song.

Afriforum said they would fight the ANC every step of the way.

Instead the parties to the dispute finally reached an out-of-court settlement yesterday.

Details of the settlement were due to be announced at a joint press conference between the ANC, Afriforum and agricultural union Tausa — also a party to the case — later today.

The ANC is likely to withdraw the appeal in the SCA today.

Such an agreement between ANC, AfriForum and Tausa over lyrics in freedom songs like Shoot the Boer is better than any court order.

Court orders are difficult to enforce. This is a historic out-of-court settlement which protects the integrity and interests of disparate and minority groups, legal experts said yesterday.

“This is the very first time since 1994 — maybe in history — for an agreement between the ANC majority and Afrikaner minority to be concluded,” said Professor Koos Malan, legal expert at the University of Pretoria, yesterday.

The settlement shows a commitment by the parties to dialogue and the advancement of understanding and for each other’s cultural heritage and aspirations, he said.

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