Malema hate speech ruling wrong - DA

2011-09-13 17:23
Johannesburg - A final Constitutional Court ruling on what constitutes hate speech is necessary, the Democratic Alliance said on Tuesday.

"The SA Human Rights Commission under the then chairmanship of now Judge Jody Kollapen in 2002 wrote an opinion on the constitutionality of the Equality Act's hate speech provision, and like the DA - found it wanting," DA MP Dene Smuts said in a statement.

"No utterance that could result in genocide, as in Rwanda, or in the instilling of fear and apprehension should be protected speech under the Constitution."

On Monday, Judge Colin Lamont ruled in the South Gauteng High Court in Johannesburg, sitting as the Equality Court, that the song "dubhula ibhunu" (shoot the boer) sung by ANCYL president Julius Malema constituted hate speech.

Smuts said the DA thought Lamont's ruling was wrong because it extended the ban to all persons in all circumstances. This meant that the Equality Act was "ripe for challenge", she said.

However, the judgment was a "well-aimed rebuke to an irresponsible young rabble-rouser who no one in their right mind believes was nostalgically intoning struggle songs", said Smuts.

She said the DA found the judgment interesting and useful.

SA Municipal Workers' Union (Samwu) was "perturbed" by Lamont's ruling.

"We are of the view that the liberation song, the specific words 'dubhula ibhunu' does not incite violence," spokesperson Tahir Sema said in a statement.

"The judgment is unfortunate and incorrect."

He said the judgment affected the entire liberation movement, not just the ANC and the ANC Youth League.

Samwu would support the ANC in appealing against the ban.

"This song is part of our heritage and history of our struggle," said Sema.

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Read more on:    da  |  anc  |  ancyl  |  samwu  |  dene smuts  |  julius malema  |  hate speech  |  legislation
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