Bid to ban struggle song a farce – ANC

2010-03-30 14:10

The High Court bid to ban the song with the words “shoot the Boer”

was a farce, the ANC said today.

“It appears to us that an artificial contestation was created to

arrive at a predetermined outcome,” said ANC secretary general Gwede Mantashe

briefing the media on the meeting of party officials held yesterday.

The party arrived at this conclusion after studying the


“They [the respondent and the applicant] are in the same

organisation...they went to court with a predetermined outcome.

“They went there to go through the motions.”

Mantashe was referring to a ruling in the High Court in

Johannesburg on Friday that the use of the words “Dubula ibhunu” was

unconstitutional and unlawful.

Delmas businessman Willem Harmse applied for the interdict to

prevent his colleague Mohammed Vawda from using the words on banners and using

them during a planned march against crime.

Both men belong to the same organisation, the Society for the

Protection of the Constitution.

ANC spokesman Jackson Mthembu described the judgment as


“[The judgment] was just a freeline judgment...there is so much

injustice that emanates from the judgment,” he said.

The ANC will appeal the judgment to get a more correct

constitutional interpretation of the struggle songs it deems to form a big part

of the country’s history.

“...the hot debate about the freedom struggle songs is a

manifestation of a society that has not come to terms with its past.

“We are dealing with a society that wants to wish its own history

away by picking up on any petty issue that triggers disagreements and conflict,”

Mantashe said.

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