High Court gags Malema
Pretoria - ANC Youth League leader Julius Malema has been barred from singing "dubula ibhunu" (shoot the boers), according to an interdict granted by the North Gauteng High Court on Thursday.
"The first respondent is also barred from uttering any song of a similar nature which incites violence," Judge Eberhard Bertelsmann said while giving judgment.
The order would be effective until the first day the matter is heard in the Equality Court, where it has been referred by Bertelsmann.
He said the court was aware that Malema, the ANC and its youth wing were not given ample time to respond, and emphasised this was a provisional finding.
He said democracy was still fragile and that those who participated in politics must consider that some things said could offend other groups.
The ruling comes after civil rights group AfriForum and farmers' union TAU-SA applied for an urgent interdict to stop Malema from singing the song.
The application asks to court to interdict and restrain the ANCYL leader from publicly uttering any words or singing any songs or communicating lyrics using words "which can reasonably be understood or construed as being capable of instigating violence, discord and/or hatred" between blacks and whites.
The South Gauteng High Court in Johannesburg ruled last Friday that use of the words "shoot the boers" was unconstitutional and unlawful.
The court action was brought by Delmas businessperson Willem Harmse to prevent his colleague Mahomed Vawda from using the words on banners and singing them during a planned march against crime.
The ANC has indicated its intention to appeal against the South Gauteng High Court ruling.