News24

High Court gags Malema

2010-04-01 19:15

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.


Comments
  • wayne - 2010-04-01 19:48

    It looks like all young Julius wants to do is stir racial hatred and tension. All that Mandela did to promote national unity and peace is systematically being undone by an idiot, called Julius Malema when ever he opens is mouth, SHAME ON YOU JULIUS.

  • Graham - 2010-04-01 19:52

    Let's hope that the judge was not making a token judgement that will not be enforced. Malema needs to be taught a lesson by the courts and must be held accountable should he ignore the ruling.

  • vee - 2010-04-01 20:00

    what would the reaction have been if it was the white afrikaner singing kill the ..... or shooy the ......., so im just thinking who turned their back on racial discrimination.. as a white south african.. i have no need to sing chants or slogans but i have a few in my mind !!but as we all know foolius gets exactly what he wants

  • THE PUNISHER - 2010-04-01 20:00

    Het iemand toe al probeer om daardie 2miljoen randjies te gaan opeis? Ek hoop so. Malema, jy moet kliphard in die klokke geskop word

  • Marion Krige - 2010-04-01 20:00

    At last!!! A smack in the mouth - and by high time.

  • henry - 2010-04-01 20:01

    This has april fools all over it...

  • Tony Da Silva - 2010-04-01 20:03

    Fair judgement. An appeal by the ANC and the ANCYL would only serve to confirm that they are in fact behind the killing of the farmers. I however expect and respect other people's points of view on this.

  • OnlyMe - 2010-04-01 20:03

    O wow!!! Well done High Court! It's about time someone stomped M alkop Malema on the mouth. Seriously, the drivel that man can talk is amazing, but the utter c rap he sings is astounding. One would think that this ruling would make him think before he speaks - or sings for that matter, but then again when you're not the sharpest razor on the wire...

  • MicheleU - 2010-04-01 20:04

    Will we finally get some form of justice? No. Because the ANC want to appeal, manipulate and distort the easy to understand "kill the boers" words. If some White/Indian/Coloured group started singing "Kill the Blacks", we all know what would happen. I rest my case. It is all a mockery of justice.

  • Stephan - 2010-04-01 20:06

    julius is stirring hatred and tension with the full support of Zuma and the rest of the ANC party. They are also approving of everything that terror Mugabe is doing thus indicating that thet are most probably using a similar plan to rid South Africa of all whites.

  • unknown - 2010-04-01 20:12

    Shoot Julius Malema would solve everyones problem

  • darkie - 2010-04-01 20:13

    I am ashamed and deeply disappointed with how the ANC is driving this wonderful nation of ours into this discourse and division according to race. I would like to ask this question, is this what you fought and died for all these years. As grateful as I am with all they (ANC) have done to liberate this country, I want them to know I am appalled by their lack of Leadership at this time of our lives. It apprears that we are moving backwards. Worst of all, as a Black man, I find it unfortunate that I perceive them (ANC) to be racist. Now I have seen it all. God have mercy on all of us.

  • Henry - 2010-04-01 20:19

    Why does the anc spend so much of my money on court cases to fight avery time they lose a battle? They are not happy with one ruling so they go to the next and then to the top just to lose again and again.

  • huh - 2010-04-01 20:21

    This may seem like a wise judgement (the song is evil) but may add to Malema's populismarity. Perhaps the ANC should take charge and remember that the world outside responds to issues which offend others like, for example, SA securities which were once known and grouped as 'k*****s'.

  • WELL DONE - HOPE FOR US ALL - 2010-04-01 20:23

    Isn’t it wonderful that he is being sent on a round the world trip to visit all the communist countries. Let’s hope one of the more backward countries decides to keep him.

  • Matt Nel - 2010-04-01 20:23

    Good!

  • Joe Moore - 2010-04-01 20:24

    A great victory against Juli-arse Mal-enema!! Now if he would only stop doing it we will have achieved something, instead he is off to Zim to visit Mad Dog Mugabe. He hopes to learn something from that rabid despot and hopefully it is how not to run a country.

  • KKK - 2010-04-01 20:29

    If we gathered in the streets and sang songs and displayed posters about how we would like to "lynch ourselves some n!ggers", how long do you think the ANC will allow that to happen.

  • Gail - 2010-04-01 20:31

    Its all about marketing himself!!

  • Allan - 2010-04-01 20:33

    All the hard work Madiba did is quickly been undone by the racist JM. Wait until the ex-SADF members start to publicly sing the old border and anti-terrorist songs which were sung in the late 70's and 80's and JM and his cronies would have heart attacks. Then what is good for the goose is good for the gander. JM never won any war or battle as he was in nappies and must have fallen on his head and is still suffering the effects of the fall.

  • Smk - 2010-04-01 20:37

    What smack in the mouth? The ANC is going to fight this. They agree with Malema and will push this to the point they want it. The ANC wants this country Racially charged and angry. All we can do is wait and see what happens, I am putting my money on Malema getting on TV (or some form of media) and singing this song regardless of what the courts rule. As other posters have said if we went around singing things like this we wouldnt even make it a few meters without being killed by an angry mob. 2 sets of rules and they are going to break this country.

  • C VNN - 2010-04-01 20:40

    I don't believe the song is protected speech, but I do believe that there has been a severe over reaction to it which is counter productive. It is making people draw a line in the sand and is heightening tensions. It would have been better if the press and all of the afrikaner groups had ignored Malema. They are fast making him a martyr.

  • DaveH - 2010-04-01 20:41

    Yes this is what happens when people like Julius Malema start a firefight, now there is a price out on his head of R2m. It seems a very high price to me, far more important people have been whacked for far less.

  • gh - 2010-04-01 20:43

    Malema is a mug.

  • Mzungu - 2010-04-01 20:47

    ANCYL president Julius Malema has defied a court ruling and has sung the revolutionary song “Kill the Boer” with a twist at the OR Tambo region’s elective conference held in Mthatha on Thursday.

    However, the youth leader made some adjustments to the lyrics and sang “Dubula ibhunu (Shoot the Boer)” and then “Kiss the Boer”.

  • Francois Kotze - 2010-04-01 20:52

    Well done to justice. And being on the first of April....we can call Malema "April"!!. Man, what an idiot!!

  • Piet - 2010-04-01 20:54

    I will contribute towards the award to get rid of that rubbish Malema!

  • Krulkop - 2010-04-01 21:02

    What will happen if Mr. Malema ignore the ruling and continue singing the song? Will he be arrested and jailed? Alternatively, fined or what? Presumably nothing will come of it

  • judiciary - 2010-04-01 21:15

    And on SABC news this eve we hear that many folk take umbrage against the court's decision and are calling for further transformation of the judiciary. Can you believe it? We are heading straight for African fascism, African racism, African Nazi police state where anything that goes against what the ruling black nationalists want is regarded as counter-revolutionary, unpatriotic, etc etc ala Zim, even if the constitution itself supports the judgement. Sickening, sickening, and our poor country is a mere century old this year.

  • Justin - 2010-04-01 21:19

    What a joke. Seriously, if Julius Malema went on live TV right this minute and sang that song, what would happen to him? Nothing. The ANC-controlled police aren't going to arrest the president of the ANCYL. Even our own president is weary of chastising wee Julius.

  • Sasha - 2010-04-01 21:21

    Let's put it this way: when we stop being angry at one another, we'll start seeing how badly government is screwing all of us. Think they want that to happen?

  • Gemsbok - 2010-04-01 21:33

    Malema is not worthy of any leadership. He has to be the biggest asshole in the history of the country. Even worse then Zims Mogabe.
    Shame on the PAC for not taking him out.

  • Daniel - 2010-04-01 21:34

    APRIL FOOL.... APRIL FOOL... HA HA HA!!!!!

  • Mart. - 2010-04-01 21:34

    The bottom line to the whole story is that the ANC fully intends to take full control of all business interests in RSA. These sniping gestures at the 'boer' are intended to cause discord and distrust amongst the people of the country. To illustrate this, Gwede Mantashe stated that the ANC made Nelson Mandela who he is....to the chagrin of a black listener to 702 Radio and many others I am sure. The point I am trying to make is that quite obviously the long term plan is to do whatever is necessary to ensure that the whole country is answerable to the ANC....including big business, the mines,and the banks. 16 years on, the ANC cannot deliver what they promised the people of this country so they must blame everyone else but themselves. I say yes to black farmers, yes to empowerment, yes to representation, yes to all these things BUT I fear that the ANC again are not able to deliver....and that's why they need to control everything in the country...and then the plight of say the black farmer won't matter anymore....sound familiar ? Maybe the Malemas and others in position of power like him are helping themselves to millions and millions of the goverments (our) money while they can and before the opportunity to do so disappears.

  • Dick Tashion - 2010-04-01 21:42

    Interesting times! This will place a huge burden on the police that will most probably be expected to 'police' the interdict. Will be very interesting to see if they are really as impartial as expected by their 'Code of Conduct' and the constitution. Although the police, by way of their functions, have a huge discretionary power, they will not be able to look the other way on this one, for sure. They will be closely monitored by civil society and it will be their very first serious test to proof that they are as politically impartial as expected of them by citizens.

  • realist - 2010-04-01 21:45

    Its ok to sing "kill the boer" but to write "prosecute Malema" on a plackard is hate speech.....according to the ANC. Am I missing a few braincells or is someone/somebody else braindead???

  • karm - 2010-04-01 21:57

    I bet that he wont abide the ruling

  • GEZANI - 2010-04-01 22:03

    malema is shame to his parents and nation
    i think he lost his network, he can move around may he can found network or to see a doctor

  • reversekick - 2010-04-01 22:17

    You live by the sword. You die by the sword.

  • Jacques - 2010-04-01 22:20

    If true, this is good news. Having said this, I hope they catch the people responsible for that vile sms offering an reward. whoever is responsible, you are no better than Julius, in fact I'd venture to say you are far, far worse.
    Shame on you for stooping to his level.

  • lsu - 2010-04-01 23:21

    Are we allowed to sing "Die Stem" or allowed to wave our old flag, which to us is a symbol of our victory over British rule? It is difficult not to respond to Coward Melema with an equal measure of Jeff Dunhim "I keel you back", but it seems the idea has made him shut up like a clam.

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