ANC can appeal 'shoot the boer' ruling

2011-09-22 10:20

Johannesburg - The ANC's application for leave to appeal against a ruling that the "shoot the boer" song amounted to hate speech succeeded in the South Gauteng High Court on Thursday.

On Wednesday, the party filed a notice with the intention to approach the Supreme Court of Appeal.

Alternatively, it wanted a full bench of the South Gauteng High Court to hear an appeal against the whole order granted by Judge Colin Lamont on September 12.

Lamont found that singing "ayesaba amagwala" amounted to hate speech, and restrained the ANC from singing it at any of its public or private meetings.

Spokesperson Jackson Mthembu said on Wednesday that an appeal against the ruling would be in the interest of preserving the party's history and the struggle heritage of all liberation movements.

"Failure to appeal this ruling will result in a systematic erasing of the memory of our history."

The matter was taken to the Equality Court by civil rights group AfriForum after ANC Youth League president Julius Malema sang the song several times in public.

On Thursday, AfriForum CEO Kallie Kriel said it had already won two court cases with costs against Malema.

"AfriForum is prepared to do it a third and fourth time in the Appeals Court and Constitutional Court respectively."

  • Darwinian - 2011-09-22 10:22

    Since the day that you were born the wheels are in motion Turning even faster – play your part in the big machine The stage is set, the road is chosen Your fate preordained We are watching you – every step of the way Never too late to stand your ground – revolution begins In you – in me – Revolution! Once lost – lost in their game Mental chains breaking now Set yourself free Who are they to tell you what to do? The stage is not set, the road is not chosen You fate not preordained They are losing control – every step of the way This is revolution!

      Together - 2011-09-22 10:37

      Change for change's sake is the business of fools.

      Matt :-) - 2011-09-22 10:53

      It is now safe to say what the ANC thinks about unity and reconciliation.

      paulf - 2011-09-22 11:16

      They will get it right as thgis is their tool for the genocide they are planning.

      Oom - 2012-06-21 13:47

      Political ping-pong. Afriforum, DON”T GIVE UP... These ouks are not bigger than the law. Keep the pressure on, even if they never see the light, just keep the pressure on...!!

  • Quo Vadis? - 2011-09-22 10:25

    lovely. just friggen lovely. This would be hilarious if it wasnt such a bloody tragedy.

      Together - 2011-09-22 10:38

      put the word out - everyone stop commenting on this story and anything attached to it.

      ubufakazi - 2011-09-22 10:53

      eish Quo, say that again dude and it seems the ANC is turning this into some silly joke... I wonder if they're aware of the tradegy this matter is causing in this country!!

  • willieman - 2011-09-22 10:27

    Please lets channel our energy in something constructive that will benefit the rest of us mmmmmmmm!!! something like how can we increase the fight agaist rhino poachers.

      bk - 2011-09-22 14:06

      if malema was a rhino...

  • Slapper - 2011-09-22 10:28

    Spend your money, but it is still obnoxious hate speech.

  • Colline - 2011-09-22 10:28

    is that all the ANC fought for? to have the right to constantly remind whites how they hate us?

  • Swart_Baas - 2011-09-22 10:28

    thank you ANC, you are doing a sterling job in dividing this country!

      Andor - 2011-09-22 10:45

      thank you ANC, you are doing a sterling job in demolishing this country!

  • Cris - 2011-09-22 10:29

    Black South Africans are a Spineless bunch. You are told when and when not to breathe, think, sing and talk by a tiny minority. Gees man.

      Muzi - 2011-09-22 10:39

      Why don't you go home in Zim where rule of law and courts don't matter. We are sorry for being civilized.

      Andrew - 2011-09-22 10:49

      What would they say if the whites retaliated and sung shoot the k*****? Think carefully about that before praising "shoot the boer"!

      BlackSwan - 2011-09-22 10:57

      I'm a black south african but nobody tells me $hit! Your comment just makes me wanna raise the volume on the song, as much as I don't care much for it. You fail to realise it's this sort of mentality that we will always fight, always! Dubula dubula!!!!

      ubufakazi - 2011-09-22 11:12

      Black Swan, I am a young black woman who fully understands and shares the scars and the struggles this country has been through, I know the torture most SA ENDURED DURING THE STRUGGLE. please make me understand how this song is building this country and why you believe it holds the ANC history.. and just how it will destroy our history/heritage if we stop singing it!! because Black Swan this song does carry hate speech.

      aman - 2011-09-22 17:31

      Cris and Andrew You are just fueling the fire, and the last time I check whites were outnumbered 10:1.

  • I_Say - 2011-09-22 10:30

    The song needs to stay >>> and IT WILL !!! People need to be reminded of Tyrants that once ruled this land, so that it can never happen again.

      Pixie1984 - 2011-09-22 10:36

      should us whiteys come up with a song for our current tyrants?

      Peter Potgieter - 2011-09-22 10:37

      I_Say... how are you going to over come "apartheid" if they keep bringing it up???????? You are supposed to put the past behind you and move forward.... It goes to show who much hatered they have towards the "white man"... Jesus said "Love thy neighbour as you love yourself" What the ANC is doing is only showing us how much they disrespect and hate themselves... THey hate their white neighbour, therefore they acting out their feelings of how they feel about themselves... Many many times people put the blame on others to make themselves feel good about their sorry lives....... "Apartheid" is gone now build a bridge and get over it.... We cannot do away with ANC history yet the ANC can do away with our history.... what goes for one must go for all....!!!

      herman.brummer - 2011-09-22 10:38

      Perhaps I should call you the K word, coz after all that`s exactly what your doing to me!

      willieman - 2011-09-22 10:42

      Do we really have to go to this length

      bonny - 2011-09-22 10:44

      But it is still happening..only different colour Tyrants..

      Matt :-) - 2011-09-22 10:54

      @ Pixie1984 - as long as we also invent history to go along with it

      BlackSwan - 2011-09-22 10:59

      The song should stay because the whites are as of TODAY calling us blacks whatever the hell they want, in public forums. We will not stop fighting, you forget who is in charge now. Let the case go all the way up to the new Chief Justice. You whitties are toast! Dubula dubula!

      Pixie1984 - 2011-09-22 11:05

      Matt, I sure we can come up with something.... loss of land, loss of jobs, our farmers being murdered, all because of the colour of our skin... looks like we are entering our own struggle.

      Peter Potgieter - 2011-09-22 11:15

      @ black swan... If you are ruling the country why are you still singing the struggle song???? If the struggle is over as you say it is, then there is no need to sing the struggle song anymore.... You just contra dicted yourself if you enev know what that word means

      ubufakazi - 2011-09-22 11:40

      Black Swan we must be very careful of contradicting ourselves hey.. and of giving what we can't take. the truth is whites call us whatever names in these forums and we do the same so...

      Pmk901 - 2011-09-22 12:31

      Swannie: voetseke amakafula!

      aman - 2011-09-22 17:36

      BlackSwan - Most of the black people I know are friends. Those that I don't know I don't talk to or about. If that is your general attitude don't be upset when people get up to defend themselves. To the rest of yo who want to retaliate with your own hate speech, what are you achieving other than adding fuel to the fire?

      aboriginal - 2011-09-22 19:30

      Shame. So full of hatred. Wanna talk about it?

      Oom - 2012-06-22 15:47

      Funny how black swans comments dont get taken off...

  • Zizo Snr - 2011-09-22 10:30

    Our hell bent justice system will be tested once again. No wonder why Zuma prefers "his own" on top posts. The judge who banned the song was not neutral at all.

      GT - 2011-09-22 10:43

      No eejit, the judge was applying a poorly consider ANC law that was ALWAYS going to be a problem. The judge was not wrong, the law is. Just a pity the loud mouth fraudster uses ANC struggle songs to get his chubby face all over the newspapers.

  • bvdwesthuizen - 2011-09-22 10:30

    can we not just get on with more important things and stop waisting tax payers money.... please...!!

      Together - 2011-09-22 10:39

      put the word out - everyone stop commenting on this story and anything attached to it.

  • Observer - 2011-09-22 10:31

    If only the ANC put the same amount of effort into other projects, the country would actually be working (better).

  • Peter - 2011-09-22 10:32

    They really want to kill those boers, don't they.

      biskit - 2011-09-22 10:36

      Buncha Cargaurds!

  • Ano Nymous - 2011-09-22 10:32

    "...preserving the party's history and the struggle heritage of all liberation movements" History is history; why keep on reliving it? How does not asking for the murdering of a minority impact on all liberation movements? Bizarre.

      Quo Vadis? - 2011-09-22 10:58

      Uhm, I wonder if they do realise that the AWB used to be a liberation movement as well? I guess the AWB also had some liberation songs they sang. Just putting it out there!

  • pewpewpew - 2011-09-22 10:34

    "Failure to appeal this ruling will result in a systematic erasing of the memory of our history." well apartheid was systematicaly erased but im sure we still remeber that it's apart of our history or should they bring it back so we can remeber what it is? these pople just want their way and are going to cry and cry tell they get it.

  • Die Baas - 2011-09-22 10:34

    Appeal singing that they want to kill me and my family! Not funded by my taxes. Go make your own damn money ANC. Mine will be leaving with me!

  • Pixie1984 - 2011-09-22 10:34

    I wish the ANC would concentrate on getting their lemmings some jobs or building them houses and schools instead of wasting valuable time and money trying to preserve a song about killing minorities. Nobody will every forget this song because it's in the news every damn day. The song needs to stop being sung because the ANC's junior lemmings are not educated enough to know not to take it literally and farmers are being murdered.

  • Kgomotso - 2011-09-22 10:37

    We African should not allow ourselves to fall on the complexities White people created if they feel scared and freighten by songs that encouraged African to fight the most nonsensical system that is their poblem. The ruling was obviosly made by the judge who suffers the same insecurities and complexities. We are going to sing the songs whether Whites like it or not. The issue is White people are trying to erase what defeated them this is victory it should be defended at all cost. in fact irrespective of the outcome we will not succumb we the mass will continue singing

      GT - 2011-09-22 10:49

      After the boer war, one third of all boer women and kids where dead. All farms were destroyed and all boer animals where poisoned or eaten by the british. Within 20 years, they had pulled themselves together and with 45 years they dominated with highly skilled and motivated work force of largely educated people. They did it by banding together, teaching their kids and having leading that did not steal them blind. Instead of trying to shoot the boer, why not try learning from them.

      Cher03 - 2011-09-22 10:49

      Kgomotso, really now - why are you so racist (who says "white people" anymore) stop living in the past - we are all Africans!!!!

      Peter Potgieter - 2011-09-22 10:51

      Were you born in the apartheid era????????? Were you torchered?????????? i can guarentee you now you were not touched (Yet alone even born).... all you know about what happened then in the 1960's & 70's is what you have heard... you have no idea about the song????? answer this question..... If this is the ANC struggle song, why are they still singing it???? i guess because they still struggling to take a hold on the country... You have had the country for almost 20 years, why still sing the struggle song???? it makes you all look scared, its noce to know that the ANC is still scared, its noce to know that the ANC are scared of the "White man", thus they singing this song to still free themselves from the struggle.... Or is it because Malemas mom was a domestic servant in a "white mans" house that Malema was raised by the "white" people.... without those "white people" malema would not be around today.... He obviously still sings the song because he cannot get away from his history of being raised by the "white man".... Joe Slovo was a white man that trained the "militants" in the apartheid era... without the "White man" the Anc would have never taken control of this country.... So think before you type

      willieman - 2011-09-22 10:51

      "The issue is White people...." Kgomotso the problem here is generalization in our comments,this kind of thing keeps on polarising us and even those whites who understand where we come from.

      Pixie1984 - 2011-09-22 10:53

      Nobody defeated anything. FW De Klerk opted to stop apartheid because he supported the transformation of South Africa into a multi-racial democracy by entering into the negotiations that resulted in all citizens, including the country's black majority, having equal voting and other rights. Veangence is a mean thing and with such a massive majority of black people and such a minority of white people, yes, there are alot of people that feel they should be punishing us because of apartheid. You seem to think that every white person enjoyed apartheid. Most voted for the change in 1994. Very convenient for you folk to forget that. Ever heard of the Mahlabatini Declaration of Faith?

      Kgomotso - 2011-09-22 12:04

      @Chers03 and Peter Potgieter: Apartheid is an idealogy that says a White person is close to God and others are just an extension of creation and closer to animals. All resource should be channnelled in such a way that undermines everyone and elevate a White person. Whites can treat everyone as their perception see it fit call them whatever they want. Apartheid is not limited to torture it is a concept of superiority and percieving and treating others as inferior and that is not the past White still behave and carry themselves like that. On paper SA is a democratics country in reality that is far from the fact because some people still think it is a born or genetic right to be above all

  • Andor - 2011-09-22 10:37

    Let me get this straight now. They want the "rainbow" nation to live in peace?? Our....OUR Government says "shoot the boer" is ok??? Now sorry if I take this differently but this means actually declaring war isn't it?? So what shall we[boers] do now. Sit back and wait?? noooooooooooooo!!

  • Pekkie - 2011-09-22 10:37

    Funny how vocal and serious our leaders are with something so miniscule yet cant condemn the violent crimes, Rape and murder in our country!When i was in the States 2 weeks ago during a wine convention i learn t that SA has become the laughing stock of the global arena with our complacent attitude towards growth and inability to fight crime. Long live South Africa!

  • jvrwes - 2011-09-22 10:38

    Colonising countries and being racist is my cultural history. Should that be protected just because it is my history and heritage?

  • Steve Buys - 2011-09-22 10:39

    Speaking in isiZulu, Nzimande said: "Akukwazi ukuba yithi kuphela ekuthiwa sifunde isingisi nesibhunu bakwethu, kodwa ezethu iyilimi nabanye bangazifundi [We can't be expected to learn English and Afrikaans, yet they don't learn our languages]". Minister Blade Nzimande said on Tuesday. He was speaking in the National Assembly in response to a member's statement on the court ruling which banned the singing of the struggle song "dubhula ibhunu" (shoot the boer). ‘Nuff said!

  • Jeanette Abdeaux - 2011-09-22 10:41

    Anyone, but anyone, who takes notice of Julius Malema and what he says is as stupid as the Thug himself, and that goes for Afriforum members as well. When are the public going to learn not to take notice of this Thug. Any publicity even bad publicity is what this FOOL wants !!!!!!!!!

  • Steve Buys - 2011-09-22 10:42

    nesibhunu ibhunu Afrikaans/Afrikaaner

  • Steveribs - 2011-09-22 10:43

    cANCer. Racist pigs. period

  • Proefleser - 2011-09-22 10:43

    So who cares? The point has been made and whining through an appeal won't change it.

  • unnamed - 2011-09-22 10:45

    In germany people get put in jail for mentioning their past (Nazi Germany) if we adopted the same rules, im pretty sure the entire ANC, ANCYL, and every news station in the country would be on death row for the past few weeks on dragging this pathetic debate on and on and on and on... Does our government really have nothing else to focus on other than being able to sing a flippin song?!

  • ubufakazi - 2011-09-22 10:46

    "Failure to appeal this ruling will result in a systematic erasing of the memory of our history." heheheh can we honestly say this is true though, seriously!!! hayi sometimes ANC takes us for buffoons!!!

      Together - 2011-09-22 10:56

      I agree - it would be nice if the nation, as a whole, could be led and represented by a govt that treated it's people with actual respect.

  • Fedup - 2011-09-22 10:48

    If only the ANC would put as much effort into the taxi deaths that happen daily, bus accidents that happen daily, rapes and murders that happen daily, Rhino killings that happen to often, should I continue.... oh but I forgot the friggin idiots are all around the table worrying about a stupid bloody song.

  • Klip - 2011-09-22 10:49

    But its okay to erase MY history, hey ANC? I am using the K word again and loving it. Send me to Siberia if you like. I hate this ANC ruled country with a passion. You ANC freaks are backwards and want your bread buttered on both sides. I say F you!

      JoeMan.vdw - 2011-09-22 10:53

      I couldnt agree more.

      allie - 2011-09-22 10:55

      Well said,my lanie

  • PRKER - 2011-09-22 10:51

    Well, lets wait and see what another court comes up with then. If its a repeat of another what another two courts have already stated, which it probably will be, then the A and C will have even more egg on their faces. What a WASTE of taxpayers moolah indeed.

      PRKER - 2011-09-22 10:53

      and even more "haven't the ANC government already systematically erased some South African history within the education system of this country by changing the history curriculum? Wow the pot and the kettle are both the same colour.

  • Douglas - 2011-09-22 10:53

    Boring. Get on with something worthwhile!

  • Boxxer - 2011-09-22 10:53

    Sore losers.

  • windweaver - 2011-09-22 10:55

    If the ANC win the appeal then Derren Scott should get his job back.

  • Loki - 2011-09-22 10:58

    One Township, One Gunship!

  • Mark - 2011-09-22 11:00

    The ANC has to constantly remind people that they are the struggle party and that song helps them do it! If they were'nt able to remind people of this then South Africans of any race might start asking the questions "what has the ANC done for me lately" and "have they kept the promises they made us"????? It is their ability to sing songs like this at public venues that fuels their constant re-election by many people who are actually disilusioned in them! Wake up SA politicions are supposed to work for you, stop letting them pull the wool over your eyes with stupid propaganda!

  • jurgens222 - 2011-09-22 11:04

    Unban the K word,or we will sing it for you openly just like Malema and his kill the boer song,well not the ANC song but the PAC song which ANC stole

  • Boxxer - 2011-09-22 11:05

    Get a multibillion rand tender build a bridge and get over it.

  • ntwanting - 2011-09-22 11:07

    with regards to the childish manner the ANCYL has been behaving over the last couple of months, it's somewhat scary. holding on to the past and teaching leaders of tomorrow of how to view and judge each other by the colour of the skin. not sure how it will affect them if it comes down to the mere fact that my neighbour is a zulu or a tswane

  • ntwanting - 2011-09-22 11:10

    n besides we need to ignore a naughty child when they get ot of hand, they will become bored with them selves soon enough if nobody responce to it's tendrems it becomes quiet.

  • peegee - 2011-09-22 11:10

    What a waste of money this whole thing is. Lets just get the record striaght if you sing that you want to shoot a particle group of people that is not only hate speech but is an incitement to violence against that group of people. This hateful song has no historical significance what so ever, its just Malema wanting his own way. I hope the appeal doesn't go his way/

  • Citizen - 2011-09-22 11:10

    Does anyone know who's paying for Malema's costs? I'd also like to know what is meant by all the hostile threats of taking up arms for what struggle? Who is the enemy and what revolution are the 'supporters' purporting to, here in our beautiful, democratic, rainbow nation, South Africa?

  • John - 2011-09-22 11:24

    since the anc and malema started this baloney about shooting the farmer and nationalizing the mines and banks, the rand has lost 15 per cent of its value. if an independent cape could be established we could have our own currency and the morons in the anc and youth league could do whatever they like and bear full responsibility for what happens to them.

  • nspaynter - 2011-09-22 11:24

    I find it so sad that we seem to prefer to divide our country rather than unite it. I would like to see white people going to blacks and say we understand your feelings about the song, and for black people coming to whites and say that they will continue to sing the song, but only as a Struggle Song in the appropriate places and will stand up against any black people that sing it specifically as hate speech. At the same time we need to be reaching out to each other as fellow South Africans. I would like to see Julius Malema to be seen with white people. I see Zuma with white people. I see Zille with black people.....

  • John - 2011-09-22 11:30

    whites should start writing their own struggle songs about burning townships and perhaps assassinating political leaders .. something like "shoot the comrade" and see how that goes down with our black brothers

  • Kgomotso - 2011-09-22 11:32

    We African should never allow ourselves to fall on the complexities Whites created on their on. If Whites are frightened by the sings of songs that encouraged African to fight and conquer the most nonsensical sytem they created it is their problem. Why should we be apologetic this is our victory and we should defends it at all cost. They what to erase what defeated them and we should not succumb whatever the outcome we Africans should continue to sing this songs. After all The judge who made the ruling is suffering from the same complexities.

      Peter Potgieter - 2011-09-22 11:38

      By you singing your struggle song shows you still struggling to grip hold of the country.. it shows that you are all still scared of the "White man"!!!

      Kgomotso - 2011-09-22 12:16

      Peter a White man is defeated and that is why he is scared of everything and tring to erase history you think we will gangup against you for inflicting the pain you did for many years on us, you think we will avenge the bruise, the death, the rapes on our brother, fathers, mothers and sister we will not. We know you are criminals but we forgave but we will not be forced to forget that will be suicidal

      Quo Vadis? - 2011-09-22 12:27

      Whites are criminals? how about the ANC bombing public buildings, ambushing farmers, planting landmines on dirtroads used exclusively by local communities, necklacing women and children who opposed the ANC during the straaaaagle, or torturing people in orientation camps in Zambia? pot calling the kettle black? I believe so!

      Pekkie - 2011-09-22 12:28

      White man defeated???? Why are the ANC trying so hard to control what we own? You havnt even started to make a dent yet, Remember the white man has for centuries survived wars, hostile take overs etc, They have long standing experience in not only taking a country and making it prosperous but are also masters at the art of war, you cant beat education my friend, So your statement is racist, Nowhere in the world has any culture beaten the white man down to their level, its a dream in your head, But funny that you think it, shows how misinformed you are!

  • Zeus vdm - 2011-09-22 11:37

    Pathetic waste of time, why not build houses, or toilets or find jobs instead of focusing on Shit

  • Wolfgang - 2011-09-22 11:42

    It's unbelieveable that the ANC can not let this thing rest and accept the fact that singing the song is wrong. My small and grown up children are not using terminology that has its roots in the past because we are learning to adopt to a changed society. Just weak up ANC and start living today and plan for tomorrow.

  • Charles - 2011-09-22 11:45

    Careful,someday someone might shoot back ??

  • ubufakazi - 2011-09-22 11:53

    I refuse to feel guilty for not understanding the importance of this Dubula Dubula song just because I'm black.

      Together - 2011-09-22 12:11

      Never apologise for being rational, ubufakazi. This song does not reflect the dignity of the struggle or the good dreams of SA's people.

  • Jim - 2011-09-22 12:24

    These guys have no intention of unity or race relations. They are keen to milk the cash and when that dries up to convert SA like Mugabe did. Then after that they will kill each other till SA is no more.