Racism can't be justified - Malema judge

2011-09-12 11:17

Johannesburg - Freedom of expression does not trump human dignity in South African law, Judge Collin Lamomt said while handing down judgment in ANC Youth League president Julius Malema's "shoot the boer" hate speech trial.

"Freedom of expression does not ensure superior status in our law," said Lamont on Monday.

He named a number of local laws and international treaties that ensure the protection of human dignity.

South Africa's Constitutional Court had handed down many "ubuntu" judgments which sought to address the strains or broken relations in communities.

Lamont said minorities had no legislative power and often had to turn to court for their rights. They were a "fragile group".

During the course of the hate speech trial, he had repeatedly said any of the parties could stop the case.

He traced the number of times Malema, not present on Monday, sang variations of lyrics which translate to "shoot the boer".

He said one of the defences was it was symbolic of the white regime and not literal.

Racism can't be justified

Unfair discrimination remains rooted in certain structures of society but could never be justified, Lamont added.

Racial discrimination of one group or community over another could not be justified.

He said certain groups did not enjoy "superior status" over others in a democracy. Since apartheid, transformation had been difficult for some in South Africa.

"Certain members [of the public] embrace the new society, others found it hard to adjust... it will continue for some time. There can be no transformation without pain," he said.

The court heard that the Constitution provided for equality, and the eradication of social and economic inequalities.

South Africa had international obligations under the United Nations for peace and unity including the elimination of all forms of racial discrimination, and discrimination against women.

Lamont traced South Africa's history from the period before settlers started arriving in South Africa, through the years of white minority dominance.

Lamont described it as a case of "social conflict".

He launched into a long explanation on the context, background and history of the struggle against apartheid.

He explained that the apartheid system left wounded memories to the survivors, and that democracy was a "negotiated transition".

Certain aspects of the past may "never be fully reversed" but reconciliation and national unity was meant to heal the divisions of the past, he said.

The ANC consisted of the "suppressed majority" of apartheid.

- Freedom of expression does not trump human dignity in SA law, and racism can't be justified, Judge Collin Lamomt has said in Julius Malema's hate speech judgment.

  • Nimitzz - 2011-09-12 11:22

    Good to see that Lamont is taking this with full force and covering all angles.

      DW - 2011-09-12 11:46

      "...Malema, not present on Monday..." - so why is he not present? He specifically got his disciplinary hearing at the ANC postponed due to this judgement being given today. If he isnt attending, why did he need a postponement? Running scared?

      Ulindi - 2011-09-12 12:03

      @DW - maybe scared...or his stupidity is just shining through once again; thinking he is above the law and untouchable...probably think nothing will happen to him. I hope they nail this s.o.a.b.!!!

      IC1 - 2011-09-12 12:51

      Agreed Nimitzz, 1st strike against the "pimple on a pigs butt", now for the Hawks, NDC and PP, thios little ignorant upstart has a lot to deal with in the weeks ahead, woohoo cant wait.

  • DPG - 2011-09-12 11:23

    so what is he saying exactly??????

      Frederik - 2011-09-12 11:35

      I am also trying to figure it out !

      Buic Unix - 2011-09-12 11:41

      beats me too

      jordmavis - 2011-09-12 11:44

      think he is trying to justify a 'not guilty' verdict

      DW - 2011-09-12 11:48

      This is the nature of any judgement. They give the whole background so that you can see how they came to their ultimate judgement, which is only given at the end. Be patient. He will give the judgement in time (hopefully still today).

      Tolerant - 2011-09-12 11:51

      No, he is justifying his guilty verdict, about time.

      daaivark - 2011-09-12 12:13

      God, can't you read? He is being extremely articulate.

      Tina - 2011-09-12 12:23

      He is saying you can think what you want to, but you have no right to say or sing what you want to, if the action degrades or endangers another person or group. And then he gave the reasons why. Easy enough?

      Shadoz - 2011-09-12 13:00

      @happycamper if it ever gets to that we will sort him out again. He has no right to voice his vial racist hatespeech anywhere. WE WILL STOP HIM AGAIN AND AGAIN.

  • daaivark - 2011-09-12 11:24

    An excellent, detailed analysis. Thankyou, Sir.

      Kudubul - 2011-09-12 11:36

      So is he guilty or not? sounds to me like were to blame for his behaviour.

      Cowgoesmoo - 2011-09-12 11:45

      We need to hear the entire judgement. News24 are just feeding us titbits. No guilty or not guilty as yet.

  • stephen.cole1 - 2011-09-12 11:25

    This is an EVIL That South Africa can do well without !

  • StoneAngel - 2011-09-12 11:26

    "Unfair discrimination remains rooted in certain structures of society but could never be justified, Lamont added. Racial discrimination of one group or community over another could not be justified" What about BEE and AA and all the other discrimination against the white "group or community" - and what Tutu put forward regarding a tax on whites - would like to hear what Judge Lamont says about that!

      HogHo - 2011-09-12 11:31

      StoneAngel for president

      morena - 2011-09-12 11:36

      ever heard on fair discrimination? if not go readup on your country's law

      jordmavis - 2011-09-12 11:47

      StoneAngel Understand! Lamont wants to keep his job so give verdict that his 'bosses'want - let the fatboy off the hook

      pietskiet - 2011-09-12 12:01

      South Africa is the ONLY country on the planet where the MAJORITY insists on empowerment.

      mokgosi - 2011-09-12 12:07

      BEE and AA are an essential part of making sure that equality is is obtained in this country, white people did it for eternity and now when the shoe is on the other foot it's AA is seen as racism.

      StoneAngel - 2011-09-12 12:14

      Morena - I am well aware that the law allows 'fair' discrimination - who says the law is right and fair . No discrimination in any form is right and fair - just at the apartheid laws allowed discrimination - we did not like those laws so we do not like any discrimination. The allowing of 'fair' discrimination also causes problems and is probably the main cause of a great deal of whites having such resistance to transformation we should not allow it as well. When will the 'fair' discrimination ever end? The main matter of this 'fair' discrimination is that it has in so many cases led to so many people being appointed to jobs which they cannot do and hence South Africa falling behind in so many aspects.

      daaivark - 2011-09-12 12:15

      He's not there to talk about everything under the sun.

      Shadoz - 2011-09-12 13:05

      mokgosi serious come on where have we "whites" complained that the best person for the job is not needed. Since when have we complained after giving a functioning working SA over to the black people that more white people have been killed in one year than blacks where in the whole of apartheid. When are you as a black man gonna stop feeling sorry for urselves and get on with your lives?

  • - 2011-09-12 11:32

    LOL, so Malema's ANC disciplinary hearing was postponed to let him attent the court proceedings, and he didn't even pitch...

      tokoziza - 2011-09-12 11:42

      Typical of the piece of fecal matter!

      Sammy - 2011-09-12 11:56

      He is not obligated to be there as its a civil case and not a criminal case HOWEVER I do think that if it was me I'd be there to show that I do have some honor and dignity? Clearly he has NONE?

      Stevie - 2011-09-12 11:59

      He was probably at a sushi party over the weekend. One needs time to recover from too much puza.

      Shadoz - 2011-09-12 13:07

      fecal matter can be used for good like growing plants. Malema is a parasite and has no use in society except draining it of anything good.

  • Mike - 2011-09-12 11:33

    "Freedom of expression does not trump human dignity in South African law" Something we ALL need to remember

      daaivark - 2011-09-12 12:16

      YES Mike.

  • Da.Liva.Delvira - 2011-09-12 11:33

    Bet you Malema is going to walk Scott free and maybe just a warning...

      chan chan - 2011-09-12 11:37

      or just a cheap fine of like R50 000 and he wont even end up paying it .... again .......

      2WhiteStars - 2011-09-12 11:40

      Can you imagine if he walks Darren Scott free. (Sorry, just a bit of manic Monday humour:)

      Da.Liva.Delvira - 2011-09-12 11:48

      LOL!!! Good one 2WhiteStars!! I believe you just made me smile on a freakn Monday!!! lol!!!

  • AntiRacist - 2011-09-12 11:35

    Wait for it! This is just a teaser!

  • mokgosi - 2011-09-12 11:36

    What does this all mean?

      Da.Liva.Delvira - 2011-09-12 11:39

      I don't know Mokhosi, What are you talking about? The article or comments? Lol!!!

      Rooi gevaar - 2011-09-12 11:50

      It means although apartheid WAS a reality and although people HAD the right to object against it, you cannot be racist pig in the current SA.

      happycamper - 2011-09-12 12:11

      it probably means that even though neither you nor I are racist, we will probably not like each other because of a little fat racist turd.

  • chirimuhomwe - 2011-09-12 11:36

    we all know what the judgement will be ..... the song is divisive and should not be allowed in a new democratic dispensation....imaging our light skinned brothers and sisters singing their own 'history songs' ..... where should it end

  • Mlu - 2011-09-12 11:36

    With all his troubles, Malema still did not pitch up in court. I can understand why. The Jonnie Walker Green/Blue must have had a terrible effect on his energy levels.

  • Piespot - 2011-09-12 11:38

    he is already Guilty dis PIG

  • Veld66 - 2011-09-12 11:40

    Afriforum should take people to court for calling people K-word and continue to wave the old flag. Double standards

      ExRecce - 2011-09-12 11:44

      I waving the old flag hate speech. Does it call for anyone to be killed. You are daft man.

      jordmavis - 2011-09-12 11:49

      call a spade a spade

      Stevie - 2011-09-12 12:05

      What do you suppose limits the definition of "hate speech"? Popular opinion? Legal precedent? Political expediency? You will perpetually see double standards in any enforceable concept that is kept deliberately vague and arbitrary.

      Bok Fan - 2011-09-12 12:42

      The old flag is like the nazi swastika. In and of itself an affront to human dignity.

  • Ederik - 2011-09-12 11:40

    So what is the jugement?

  • naomi.labuschagne1 - 2011-09-12 11:40


  • ExRecce - 2011-09-12 11:41

    Skuldig aan haatspraak!!

  • ExRecce - 2011-09-12 11:42

    Lamont also finds that Malema has to pay Afriforum's legal costs.....

  • Cheesey - 2011-09-12 11:44

    Oh... the Humanity...

  • Rooi gevaar - 2011-09-12 11:44

    And then the ANCYL targets the "apartheid judge"!

  • PinkAndProud - 2011-09-12 11:46

    POP! There goes my champagne bottle!

      brendonml - 2011-09-12 12:26


  • Bongani-Moletsi - 2011-09-12 11:46

    Confusing stuff

  • Cowgoesmoo - 2011-09-12 11:47

    Check out the breaking news - "shoot the Boer" DOES constiture hate speech! 1 up!!!!

  • Born To Fish - 2011-09-12 11:48

    A black man rasict?????? WTF????

      Scamatoon - 2011-09-12 11:50


      brendonml - 2011-09-12 12:26


  • Jaco - 2011-09-12 11:49

    Thank you afriforum for taking him to court with the limited budget and limited support you recieved. people say you cant make a difference and whats the point bla bla. here is proof that a small group can take the 'untouchable' to court and make him pleed for mercy. if everyone stopped moaning and started doing stuff he would have been in jail by now.

  • RuthK - 2011-09-12 11:50

    Well done, perhaps there is hope for justice in SA afterall!

  • letsee - 2011-09-12 11:57

    It won't make a difference to Malema but will it do to the ANC?

  • Zeeebra - 2011-09-12 11:57

    @JacobMoletsane252 the K word is not aloud, but if you want to call Malema a k... it should be ok because he and his followers are probably the last bunch of k... left in this country looking at the way they act.

  • 86PIXIE - 2011-09-12 11:58

    i am so sick of this man. The media makes it worse by being his mouth piece!

      Angie Mansa - 2011-09-12 13:16

      have to agree with you there 86PIXIE. I thnk if nobody ever put anything about Malema on any form of media that would piss him off no end. He loves the sight of his ugly mug posted all over the place. He is a totaly waste of life.

  • Ricky - 2011-09-12 11:59


  • Jiri - 2011-09-12 12:00

    Our Laws and application of the laws of this country may not be perfect, but i can see we are trying. I find it equally concerning most of the comments made as a response to the article. Outright racist, outright derogatory. Jules is wrong, i agree, maybe the punishment will not be what you want it to be, in many countries you would not even have got this far. Be grateful we have some sort of democracy working here. It could be worse, Zim to name one.

      Angie Mansa - 2011-09-12 13:18

      Give it time Jiri our beloved country can still be destroyed.

  • duduzile.dunicz - 2011-09-12 12:05


  • Rakgadi - 2011-09-12 12:06

    High Court made this ruling; in fact this means it would be applicable to any person singing this song. Saying that this is a “struggle song” might have worked in the Apartheid years but 17 years down the line in a democracy, I believe you can’t justify calling any racist or incitement to violence in a song or in a discussion “struggle”.

  • Berecca - 2011-09-12 12:08

    Bravo Judge Collin Lamont! Chief Justice nomination!

  • GypseyAnn - 2011-09-12 12:11

    Another bad hair day Julius! Oh dear ...

  • GypseyAnn - 2011-09-12 12:11


      Angie Mansa - 2011-09-12 13:19

      Happy Birthday GypseyAnn ;-)

  • daaivark - 2011-09-12 12:21

    Incidentally, News24. The right honourable judge's name is spelled with only one "l". WHEN WILL THIS NEWS SERVICE GET IT INTO ITS COLLECTIVE (BUT EXTRAORDINARILY INEPT) HEAD THAT ITEMS SHOULD BE PROOFREAD? This is probably one of the foremost cases in the minds of many South Africans, but your journalists can't even spell the judge's name correctly.

  • IC1 - 2011-09-12 12:29

    The Judge is spot on with his ruling, this song and songs like it, are as racist, inciteful and demeaning as it is to use the infamous "K" word, and "umhlungu" (spelling may be off?).

  • Charlemagne - 2011-09-12 12:34

    Malema is the #1RACIST in South Africa. This man is not normal and a hugh liability to RSA. Get rid of this peasant now!

  • Libertadores - 2011-09-12 12:42

    Africans haven't gained anything in this country from "freedom from racism".

      Chilli - 2011-09-13 07:54

      well that is not the whites fault is it! Its been 20 years that the black people have had power. They are killing and lying to their own people! You are the idiots who keep believing their lies and keep voting for them! Libertadores, you and people like you stop this country from moving forward! Stop being a idiot! You cannot blame the whites anymore! Get off your lazy ass and make the difference! If you wanna see a change you have to be the change! Wake up boet!You cannot use apartheid as your excuse forever! 20 years is long enough to get over it... so get over it!

  • morakile shuenyane - 2011-09-12 13:46

    Reconciliation is a tricky field by its nature of having to reconcile diverse emotions, perspectives, worldviews and experiences. All those make realities for different parties. It therefor stands to reason that Malema should be extracted from the equation to reach an all win outcome, and then, only then, slot him in to flow with the judgement. Without that, haters of the song will for ever be loudly tormented with it's singing when relations are stained, and backers of the song will feel their input does not matter when it comes to the courts, so, take them over. And that would led to all manners of control. Correcting an element of fixing a rattle in our fragile society should not lead to a greater damage that will haunt us for centuries. So far, I think Lamont is bringing along both point of views along, and it is a pity this was not resolved out of court in a mini Codesa, that is why our comments should be responsible and not blinded by a Malema name. Emotions are still fragile, both parties in the South African society are convinced they lost a lot for the building of a new one. Both believe they gave up more than their share. Slu

  • Chilli - 2011-09-12 14:25

    I wonder what would happen if a whitey was running around singing "shoot the black people" This is justice! Malema is a Racist SOB. I am so glad to be seeing real Justice! lock him up and throw away the key! I dont understand why the south african people even vote ANC! They cant blame the whites anymore! its been 20 years and still the government is using their power only to look after themselves! I have a Xhosa girl who works with me who said she perfered the white government, because they at least gave them electricity and basic needs etc! Make me president! I will easily make a change in this country, because i wouldnt worry about my own pocket! I would give it all to the people of South Africa and sort out this crime and poverty once and for all. and parliment staff would get drastic pay cuts too! They get paid fat fortunes to sit with their fingers up their noses, sleeping on their fat arses! For this country to work, all rascist people have to be removed from society where they cannot infect the minds of ignorant people who stand for nothing and so fall for anything!

      Libertadores - 2011-09-12 16:42

      He would be moered by us. You can always sing that in Holland.

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