Judge defends 'shoot the boer' ban

2010-11-29 12:07
Johannesburg - Judge Leon Halgryn defended his order banning the words "shoot the boer" in the South Gauteng High Court on Monday.

He said the insertion of the words "Jew", "faggot", and the "K" word would still render it unconstitutional.

Halgryn had ruled the words were prima facie incitement, which is a crime.

"This is simple as far as I am concerned," said Halgryn as advocate Gilbert Marcus applied for leave to appeal Halgryn's order on behalf of the ANC.


Earlier this year ANC Youth League president Julius Malema sang the lyrics at a University of Johannesburg rally, sparking outrage, particularly among Afrikaners and farmers, who believed the song was directed at them.

A small protest outside the court, organised by the Pro Afrikaanse Aksie Groep (PRAAG), highlighted its concerns over the song, saying that over 3 000 farmers have been murdered in the country since 1994.

"For the size of the population that is a high rate," said one woman protester.

"It is against the minority, I think it is very dangerous given the Darfur and Rwandan experiences," she said, not wanting to give her name.

They had a number of T-shirts printed, one bearing a picture of Queen Elizabeth II, framed with the words "I love Afrikaner genocide".

She and a fellow protester said the "genocide" of the Boers began when the British invaded South Africa and started conquering Boer people.

They said the "genocide" started when 36 000 boers, women and children, died in British concentration camps in South Africa.

Other T-shirts bore the faces of former president FW de Klerk and US President Barack Obama with slogans: "I don't care a damn" and "Yes, we can kill Afrikaners".

Afrikaans singer Sunette Bridges was part of the group, saying she did not believe the lyrics should be legal.

"It is a threat to a minority group in the country," said Bridges whose T-shirt carried a picture of Malema and the words "genocidal juvenile delinquent".


In March Mpumalanga farmer Willem Harmse successfully applied for an order that the words be banned. He and a businessman in the area, Mohammed Vawda, belonged to a group called The Society for the Protection of our Constitution.

Speaking outside the court, their lawyer Zehir Omar explained that The Society had planned a march against crime and farm murders, and Vawda wanted to put the words on a poster because he interpreted them to mean "shoot apartheid".

Harmse and Vawda argued about this, which led to Harmse taking it to the South Gauteng High Court.

Omar said the two had since reconciled, and Vawda agreed the words could be divisive.

They wanted Halgryn's order to stay as it was.

The ANC, however had applied to be part of the proceedings because it believed Halgryn did not take into consideration the historic context of the song, sung during the days of apartheid.

But, said Halgryn "the oppressive regime doesn't exist anymore, why should the song still be lawful".

Afrikaner lobby group AfriForum and another group, Lawyers for Afrikaans had also applied to be part of proceedings.

However, these were put on hold as a power failure plunged the court into darkness as Marcus was about to explain the context of the song.

As people held up their cellphones for light, and one lawyer a lighter, Halgryn said he wouldn't mind continuing in the dark, but that he preferred to make eye contact.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
Read more on:    afriforum  |  anc  |  hate speech

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Rugby World Cup 2015

All the action from the 2015 RWC, including live coverage of all 48 matches, breaking news, fixtures, results, logs - and much more!


Rugby World Cup 2015

Japan victory attracts record TV figures
iPads the secret to Japanese RWC success
Georgia desperate for Namibian win
England's early exit bad for RWC business
Traffic Alerts

It is time to focus on your daily rhythm. Are you putting too much attention on future projects and neglecting the day to day...read more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.