Twist in 'shoot the boer' appeal

2010-11-29 17:40

Johannesburg - The ANC and AfriForum's application for leave to appeal an order that singing "shoot the boer" is incitement to crime took an unexpected turn in the South Gauteng High Court in Johannesburg on Monday.

Earlier the ANC's lawyer, Gilbert Marcus, had argued the party should be allowed to appeal the ruling, and that it did not have to provide context to the lyrics at this application, in spite of Judge Leon Halgryn's repeated request that it do so.

After a long break due to a power cut Halgryn ploughed through lunchtime, allowing only a five minute bathroom break.

At 14:55 it became apparent that the ANC and AfriForum had not applied to intervene in the proceedings, according to court rules.

Zehir Omar, counsel for the Society for the Protection of our Constitution, learned the ANC was "gatecrashing" proceedings and that they had "just landed from the ceiling".

He also claimed the application by the party's deputy secretary general Thandi Modise was not authorised by the party.

Omar said in terms of court rules the ANC and co-applicant AfriForum should first have applied to intervene in the matter.

He said Halgryn had even written to the ANC when they had asked him for reasons for his pronouncement, pointing out that it was not a party to the matter.

Halgryn said he thought the application to intervene was already in front of him, and then invited Marcus to dictate an application to this effect.

'Beyond irregular'

With Omar banging his hands against his head and muttering loudly, Halgryn prompted Marcus on what the application should say.

When given a chance to speak again, Omar said: "It's beyond irregular to make a substantial application during replies."

Omar said he wanted the application for leave to appeal dismissed and, waving his arms broadly to the rest of the applicants, also demanded a costs order.

He said the ANC's application was just a tactic in light of the Equality Court's appeal.

"Even a child can see that," said Omar.

This appeal would be heard next April and concerned the ruling against ANC Youth League president Julius Malema, who is under fire for singing the song at a University of Johannesburg rally.

After hearing further argument Halgryn reserved judgment.

Earlier, AfriForum submitted that a ruling in the High Court in Pretoria stated that the lyrics could not be used until the Equality Court appeal had been finalised.

- SAPA
Read more on:    afriforum  |  anc  |  ancyl  |  thandi modise  |  julius malema  |  racism  |  hate speech
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

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
9 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Sport
Traffic & Train Alerts
Traffic
Goodwood 10:56 AM
Road name: N1 Outbound

ACCIDENT in the left lane before the N7 Highway

Table View 10:48 AM
Road name: Koeberg Road Northbound

DELAYS between Montague Drive and Blaauwberg Road due to roadworks

Jobs in Cape Town [change area]

Jobs in Western Cape region

BI Developer

Western Cape
Datafin Recruitment

Delphi Developer

Cape Winelands
GT Recruitment
R270 000 - R400 000 Per Year

Insurance Underwriting Clerk

Milnerton
S Baillie and Associates
R12 000 - R13 000 Per Month

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Social media is pulling you in and you have the desire to find out everything you know about your friends and you have the urge to...read more

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

Hello 

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.

Settings

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.