NGO joins Malema hate speech case

2012-06-18 17:05
Expelled ANCYL president Julius Malema. (File, Sapa)

Expelled ANCYL president Julius Malema. (File, Sapa)

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Johannesburg - A non-governmental organisation (NGO) has been accepted as friend of the court in a hate speech case against expelled ANC Youth League president Julius Malema.

The Council for the Advancement of the SA Constitution (Casac) said on Monday the Supreme Court of Appeal (SCA) accepted its request on June 12.

The Legal Resources Centre would act on its behalf in the case.

"Casac believes the Equality Court failed to strike an appropriate balance between section 10 [right to human dignity] and section 16 [freedom of expression] of the Constitution," it said in a statement.

"Such a balance could be struck in this case without causing any undue limitation on the right to freedom of expression."

The South Gauteng High Court, sitting as the Equality Court, convicted Malema in September after lobby group AfriForum took him to court claiming his singing of the song "Dubula iBhunu [isiZulu for Shoot the Boer]", constituted hate speech.

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

In December, Malema filed notice of appeal at the SCA. The case is expected to be on the roll in September.

The NGOs, the Freedom of Expression Institute and Section 16, have also applied to be admitted as friends of the court in the case.

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