News24

ANC appeals 'shoot the boer' ban

2010-05-19 12:30

Johannesburg - The ANC has asked the South Gauteng High Court for leave to appeal against the ruling that declared the controversial "shoot the boer" song unconstitutional, a newspaper report said on Wednesday.

The Business Day reported that the governing party's deputy secretary-general, Thandi Modise, said in court papers that the order of High Court Acting Judge Leon Halgryn, who declared the song illegal and unconstitutional, was wrong because it "imposed an absolute prohibition" on the words, "irrespective of time, place, manner and context".

The controversial traditional ANC freedom song Ayesaba Amagwala - which included the words "shoot the boer" - was banned by the High Court in April.

The song, which many Afrikaans speakers - especially farmers - felt incited violence, was sung on several occasions by ANC Youth League president Julius Malema.

The report said the ANC decided to bring the appeal to the court in the public interest.

"There are a vast number of people who will be affected by the order," said Modise in the paper.

She said the song was "known and sung by literally tens of thousands of South Africans".

She also said the ruling failed to consider freedom of expression.

The ANC was hoping the case would be heard by the Supreme Court of Appeal or a full bench of the High Court.