AfriForum to defend hate speech ruling

2011-12-07 08:25
Johannesburg - Lobby group AfriForum said on Tuesday it was ready to defend the Equality Court ruling that the "shoot the boer" song was hate speech.

"AfriForum has already won the first, second and third rounds of the legal battle against [ANC Youth League president Julius] Malema's hate speech," it said.

"If necessary, AfriForum is prepared to defend the ruling in the Constitutional Court as well."

Malema filed a notice of appeal at the Supreme Court of Appeal on Tuesday against the court ruling which found him guilty of hate speech.

The South Gauteng High Court convicted him in September after AfriForum took him to court for singing the song "shoot the boer".


Judge Colin Lamont granted Malema leave to appeal.

Lamont held that the words undermined the dignity of people and were discriminatory and harmful.

"No justification exist allowing the words to be sung... the words were in any event not sung on a justifiable occasion," he found.

Lamont said it was not relevant whether the words were not exposed to some people of society.

"If it is exposed to a portion of society then it is relevant."

An SCA official said the matter was expected to be on the court roll for the sitting in September.

AfriForum said it would lay a charge with the United Nations Human Rights Commission if the South African courts could not "defend citizens against hate speech".

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