Elation at Malema song ban

2010-04-01 22:54

Johannesburg - AfriForum said on Thursday that it was "elated" about the North Gauteng High Court's decision to bar ANC Youth League president Julius Malema from uttering the words "shoot the boer".

In his judgment, Judge Eberhard Bertelsmann said: "The first respondent is also barred from uttering any song of a similar nature which incites violence."

The order would be effective until the first day the matter is heard in the Equality Court, where it has been referred by Bertelsmann.

He said the court was aware that Malema, the ANC and its youth wing were not given ample time to respond, and emphasised this was a provisional finding.

Bertelsmann said democracy was still fragile and that those who participated in politics must consider that some things said could offend other groups.

The interdict follows after an urgent application made by AfriForum and TAU-SA against Malema who sang the song on several occasions at various events.

Spies said the application was made because AfriForum thought "that the dust kicked up by Malema's repeated renderings of the song these past two weeks, had to settle".

"Rationality has to return to the debate.  The interdict now creates an equal playing field where greater sensitivity regarding the matter may develop," Spies added.

"Hopefully the interdict will contribute towards repairing the damage created in the process to some degree," said Spies.

The decision comes just under a week after a ruling by the South Gauteng High Court that the words "shoot the boer" was unconstitutional and unlawful.

The ANC has said that it intends appealing the South Gauteng High Court's ruling.