ANC contests court ruling

2010-05-19 11:34

The ANC has asked the Johannesburg High Court for leave to appeal

against the ruling that declared the controversial “shoot the boer” song

unconstitutional, a newspaper report said today.

Business Day newspaper reported that the governing party’s deputy

secretary general, Thandi Modise, said in court papers that the order of High

Court Acting Judge Leon Halgryn, who declared the song illegal and

unconstitutional, was wrong because it “imposed an absolute prohibition” on the

words, “irrespective of time, place, manner and context”.

The controversial traditional ANC freedom song Ayesaba Amagwala –

which included the words “shoot the boer” – was banned by the High Court last


The song, which many Afrikaans-speakers – especially farmers – felt

incited violence, was sung on several occasions by ANC Youth League president

Julius Malema.

The report said the ANC decided to bring the appeal to court “in

the public interest”.

Modise said: “There are a vast number of people who will be

affected by the order.”

She said the song was “known and sung by literally tens of

thousands South Africans”.

She also said the ruling failed to consider freedom of


The ANC was hoping the case would be heard by the Supreme Court of

Appeal or a full bench of the High Court.

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