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.

  • Arthur Phili - 2010-11-29 12:17

    1994 was peaceful, there was more to be gained from peace than violence. The ANC is however destroying this equilibrium. Songs in the African culture are more than songs, it is a message of intent. There have been several high ranking officials in the ANC who have made very concerning statements - openly expressing their hatred of white South Africans. Worst is they don't even realise there is something fundamentally wrong with that, neither do their supporters. If you are worried about the ANC's action, submit news of this article to and express your concern that South Africa is progressing to the next state of genocide. From Countries_at_Risk_May_2010.doc: Countries at Risk of Genocide, Politicide, or Mass Atrocities in 2010: Country:South Africa Threat Level:5-Polarization Victims:Boers/refugees Killers:Black racists The next stage of 8 is 6 PREPARATION: Victims are identified and separated out because of their ethnic or religious identity. Death lists are drawn up. Members of victim groups are forced to wear identifying symbols. Their property is expropriated. They are often segregated into ghettoes, deported into concentration camps, or confined to a famine-struck region and starved.

      swimma - 2010-11-29 12:40

      Yeah, I read this article the other day on Very concerning.

  • Francois - 2010-11-29 12:23

    Yes its tit for tat if the ANC can sing Kill the Boer Kill the Farmer then I can in all fairness use the K word....

      Xram62 - 2010-11-29 13:12

      Not only that, but I will also defend myself against anyone who sings this song, identifying me as a potential victim....specifically declaring their intent to kill me and my kind. If this is what Julius wants....we can give it to them.

      thabiso.marumo - 2010-11-29 14:01

      @Theuns, why not kill the blacks, why use the work kaffer, isn't a Boer a farmer. This song was relevent back during apartheit, now it's no longer needed, Malema supporters should stop singing this song.

      Bambie - 2010-11-29 16:25 are absolutely right. i'm just using it as an example. It easy for the other party to get upset if you use the K word let alone my comment get taken off this article as well because i use the K word. So lets think about this the boere isn't aloud to get upset if some young kid dances "which wasn't even part of the struggle and is lead by a leader that wasn't part of the struggle, corrupt and has no education" and singing kill the boer...and they are not suppose to get upset...not fair i would say... Just the fact that they are aloud to use the slogan KILL THE BOER give us the full right to use the "K" word which is just fair isn't it... why not abandon these slogans and words and focus on getting us a government which can take us ALL to a 1st world status?...

  • pointblankza - 2010-11-29 12:33

    That's what I'm saying, the song was not only against apartheid but against the "boers" who were implementing it. It was after all the "boers" who were imposing that horrid law..

      wesleywt - 2010-11-29 12:44

      We are not living in apartheid. Please catch up with times. Racist

      Futile - 2010-11-29 12:55

      I am sorry, but you are as stupid as you sound. The population was about 50% Afrikaans and 50% other nationalities, with the HNP, NP who made up the bulk of the pro-apartheid groups receving 75-80% of the total votes. Do the maths yourself and you will see that the probability of a non-Boer (i.e. English, Portugese, Greek etc etc) person voting NP or HNP was very similar. The BOER slogan was the face that the ANC painted to the struggle (supported ably by the formal English communities supported by the British government) and that is a reason why we have to stop this one-sided and dangerous game of blaming a specific group of people. You probably were not born when this played out, and even if you were, you where probably only taught/shown one side of the argument. Try to think, try to open up your mind, things are not so simple in life as you think it is.

      pointblankza - 2010-11-29 13:38

      @Futile and wesleywt. Both arguments suck and lack detail, all you did was call me names. Now, go wash your ox wagon.... naked. I am speaking in the context of the words of the song, if anyone needs to open their minds it's the both of you! "kill the boer" may have been the face of the struggle but it is a direct reference to a certain group of people in South Africa, which just so happened to be the oppressors. Singing the song is not the problem, it is the words contained in that song, specifically "shoot the boer" which could be used, and in many cases is used, as a reference to insulting that paticular group. One bullet one boer is a classic example, see "boer"? The boers are the enemy is another classic, and recently used phrase by the ANCYL. The term boer, as in today's context, is directed at predominately Afrikaans speaking people.

      gmck21 - 2010-11-29 14:23

      @pointblankza YOUR A CHOP DUDE. why would the ANCYL(useless fat kids that6 sing and dance) even need to attack predomintly afrikaans speaking people? There is no need to attack anyone anless you are uneducated and fearful of something.

      lean - 2010-11-30 10:39

      There is no need to attack anyone unless you do not want to study and want everything for FREE...

  • geanann - 2010-11-29 12:42

    How can people even think of attacking the ANC for singing these songs of love and peace

      Hendrik - 2010-11-29 13:31

      hey clown, i also read that article, and it is not a "few" people who are offended, it is people that know when something is racist or not.

  • CB57 - 2010-11-29 12:43

    How convenient Sunette Bridges to forget history between the Boer War and 1994! I do not advocate the use of "Shoot the Boer"; I actually abhor any such inciteful slogn in racial politics but come on my dear - are you that naive?

  • wesleywt - 2010-11-29 12:43

    Well, I don't know why he has to defend his decision. It was the only one to make.

  • peterpanmali - 2010-11-29 12:44

    Why can we all say Jew, faggot, but not the K word ?

      sganja - 2010-11-29 13:04

      Because you are not allowed.

      sganja - 2010-11-29 13:51

      Yah Theuns,you can because you are useless.

      gmck21 - 2010-11-29 14:21

      THAT word means "NON-BELIVER" LIKE IT OR NOT SGANJA whites brought christianity and the good book to africa. THAT is a fact my man, so if you get offended by a word...shame its just a word dude. if someone calls you a monkey, would you still BE OFFENDED? dont let words get to ya bro

      Bambie - 2010-11-29 16:06 just show you how useless SGANJA is...most probably shitting in his shack with his laptop with his 56k internet line and saying to himself...eish if only my government would give me the house they promise me and educate me as said in 1994...but I'm sure this wont happen as all of those brothers from different mothers don't worry about the well being of the rest of the country...what a pity..

  • sganja - 2010-11-29 12:59

    I think they should have taken an Indian judge or other colour to look for this case,because cleary the current judge make decision in favouring a certain side.

      E.Nuff - 2010-11-29 13:25

      Not at all. A judge is a judge. Respect their decisions. Viewing everything through the lens of race makes you a racist. We don't need any racists in this country. Just try NOT being a racist, it might make your day, or someone else's.

      Banned - 2010-11-29 13:32

      Looking for a judge of colour to make a decision that you want is as racist as accusing this judge of favoritism. This country's laws are not only for blacks, coloureds and indians, its for every citizen.

      Banned - 2010-11-29 13:34

      Looking for a judge of colour to make a decision that you want is as racist as accusing this judge of favoritism. This country's laws are not only for blacks, coloureds and indians, its for every citizen.

      sganja - 2010-11-29 13:53

      I'm not a racist Enuff and I will never in future,but I was raising a valid point,favouritism is always there inside judges hearts.

      gmck21 - 2010-11-29 14:18

      A JUDGE IS A JUDGE until your rich

      E.Nuff - 2010-11-29 14:27

      But you are a racist. You are making a comment based on nothing more than the issue of the judge's race. That is racist.

      Michelle - 2010-11-29 16:40

      hahahaha... maybe we should try find a green one! How many colours are there exactly Sganja???

      lean - 2010-11-30 10:42

      Chines will do...

  • E.Nuff - 2010-11-29 13:01

    It cannot be fair and equitable to accept words such as this from a song, whilst prohibiting the display of the old flag. Both may have historical relevance and significance, but there cannot possibly be space for one, but not the other in our country. To claim otherwise smacks of hypocrisy and deceipt.

      Bambie - 2010-11-29 13:28

      Spot on... We all should just get over the past and focus on the future otherwise it would never work...

  • James1 - 2010-11-29 13:12

    This song is racist, divisive, hatespeech and incites violence. If you want to preserve this bit of "history" then type out the lyrics with a translation into English and have it placed in the Apartheid museum. You can put it right alongside the photos of victims of landmines and farm attacks prior to '94. Or those nice pictures of people getting necklaced.

  • masterjane007 - 2010-11-29 13:24

    Such a pity that a woman with such a great mission had to go and make herself into such a laughable fool and discredit everthing she ever said by making the ridiculously stupid statement that Brittain invaded South Africa. First of all, lady, there was no such place as South Africa in 1899, rendering it impossible for anybody to have invaded it. Secondly, the Boers invaded Brittain! Good thing you did not want to tell anyone your name. Making a public fool of yourself is bloddy shameful.

      Stryder - 2010-11-29 13:34

      The Boers invaded Britain...What? Please elaborate.

      gmck21 - 2010-11-29 14:17

      hahaha clearly your history is befokd "masterjane". The boers left british settlements to establish their own democratic land away from QUEEN and CROWN. the british then invaded boer "states" due to the discovery of both mineral and agricultural WEALTH. The british also instigated wars with the ZULU's through delivering an ultimatum of di-militirisation that was impossible for the native tribes to meet due to the extent of their kingdom. I would've loved to see those ox wagens floating to brittain though

      pieterj26 - 2010-11-29 14:25

      You are totally off masterjane!!! maybe you should first read up before making a comment like this. There were two republics: Republic of transvaal and the replubic of the orange free state. Together they were known as the ZAR - Zuid Afrikaanse Republiek... (Sounds familiar?) Britain wanted to ge to the gold in Johannesburg in the reuplic of transvaal...this is when Paul Kruger instituted war as Britain did not want to back off from the transvaal gold fields. So yes, effectively Britain did invade the ZAR....wake up you silly girl... Patience young grasshopper...youre making your name ass!!! Who is bloody shamefull now? Youre reading the WAR Reporter woman..rather read something that was written by someone with an independatn view...try "Die erwe van ons vaadre"...

      pieterj26 - 2010-11-29 14:30

      Please make your name available...youre so sure of yourself.....tipies rooinek...groot bek niks binnegoed...banggat!!

      pop101 - 2010-11-29 14:39

      Jirrr, are you a product of todays education? I find your statement:"Making a public fool of yourself is bloddy shameful" very ironic.

  • Jerry - 2010-11-29 13:50


      sganja - 2010-11-29 14:03

      Shame Poor Jerry,so you won't vote next year?Anyway there will be no different.

      gmck21 - 2010-11-29 14:11


      gmck21 - 2010-11-29 14:14

      WHY not just vote for a party with brains??/ not voting serves no-one. ALL the "free-dom" fighters died for you to vote, just vote in an intellegent manner. I>E) NOT FOR A PARTY THAT THINKS 16 YEARS OF NON-DELIVERY IS I-GRAND. OR FOR A PARTY THAT THINKS SHOWERS AND BEETROOT CURE AIDS. African National Corruption

  • gmck21 - 2010-11-29 14:09

    Difference between SA and RWANDA. Our minority(WHITES) have access to capital, therefore we are better prepared to defend ourselves. We also have huge resources important to the world, including our ports. The world NEEDS SA in a state of peace. The ANC should be careful, as let us not forget a huge percentage of our targeted minority have had military training and experience due to conscription. Genocide will never happen in SA in the scale of RWANDA(i understand farmers have been murdered in a large number) due to economic world factors. HOWEVER if it does get to a point of war, our minority will FIGHT back.

      Arthur Phili - 2010-11-29 21:39

      You're out numbered 11 to 1. The average white South African is 35 years old and the average black South African is 21 (which explains poverty to a degree). Anyway, white South Africans do not often own guns anymore, as they usually try keep legal guns. I don't think white South Africans stands a chance unless they pray like at Bloedrivier.

  • gmck21 - 2010-11-29 14:29

    FUNNY how people go back to apartheid all the time. YES it was wrong. but look at africa, the whole of africa. once whites have left or been killed. blacks will simply turn on each other, its the way of africa. MOZAMBIQUE the porras pulled out and the local population killed each other for years. SOMALIA they still doing it. CONGO, SIERRE LEONE, IVORY COAST. GUINEA, ZIMBABWE, RWANDA ANGOLA ETC ETC ETC. WHY waste time being racist. you should be shitting yourself bout what your COMRADE is gonna do one day when whites become tired

      Arthur Phili - 2010-11-29 21:41

      If a genocide against white South Africans take place civil war will continue, Xhosa vs Zula until it is just another failed African state with non-stop civil war, famine and disease.

  • Ivan - 2010-11-29 14:43

    Please People. This Song was specifically created to "ensight" (brainwash) normal god fearing people to take up arms and fight (KILL) other people....The White community had similar songs in the army to ensight normal god fearing people to do the same....The difference are that the white community no longer use any of those songs...they know what the purpose of those songe were...THEY WERE KILLING SONGS....It is now the NEW SA, so why is it necessary to still want to sing KILLING SONGS that were specifically designed to get normal people to kill.....PLEASE PLACE THIS SONGS ALL OF THEM in the ARCHIVES where the belong...and let us create new songs that will ensight our people to work to gether again...let SHOSHALOZA become our anthems not these killing songs

      gmck21 - 2010-11-29 14:51

      THANK GOD a man of reason and intellect!!!

      Don - 2010-11-29 15:09

      Well said Ivan- The ANCYL should be focusing on new songs that will really unite this still divided nation- SHOSHALOZA is a great start!

  • Luke Slade - 2010-11-29 15:05

    How about a compromise which would make everyone happy? The ANC should change the lyrics and title of the song from 'Shoot the Boer' to 'Embrace the Boer/Love the Boer/Hug the Boer'. And other divisive lyrics like 'these dogs are raping' should be changed to 'these guys are awesome!' and instead of singing 'the cowards are scared' they could sing something like 'the boere are our brothers and sisters' A significant change in lyrics is the only way that song could be considered relevant to a democratic SA...

  • auriel.mahlaba - 2010-11-29 15:29

    Dark & Light will never share room.predenting all is well won't help

      ocon777 - 2010-11-29 16:13

      so what are you insinuating auriel? That you don't like white people, and that you will not try to get along with them? wtf???? Are you part of the solution or just more of the problem? Yin & Yang seem to share a circle just fine. When you mix dark and light paints together they meld together and become a NEW grey colour.

  • James - 2010-11-29 18:14

    We have attained democracy and all freedom songs need to archived and we start new chapter of songs with construction, unity and growth messages. The past is history and the future is where we heading to. Let's turn around apartheid into a future positive and not to have it reflect some form of reverse hatred. Lets work on Affirnative Action, BEE and do away with nepotism, tribalism, regionalism, racial hatred etc

  • cialb - 2011-02-24 13:05

    Let them sing the song, just substitute "farmer" for "apartheid". Since they claim this is actually what its supposed to mean, or is this once again JuJu`s special dictionary, where "sleeping around" appropos Helen Zille and her all male cabinet, means only sleeping around and nothing else? English lessons are clearly needed in the ANCYL as well as elsewhere.

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