Malema complaint referred to high court

2010-05-20 12:07

The hate speech complaint against ANC Youth League president Julius

Malema has been referred to the high court by the equality court.

Magistrate Alvin Chaitram said: “I think we can safely accept that

the high court wields the bigger stick. I accept that.”

He said that although he was disheartened by the referral and was

ready to set a trial date he would accede to the request.

Chaitram accepted concerns about geographic jurisdiction as the

lyrics “shoot the Boer” had been sung around the country.

He, however, complained that AfriForum should have foreseen this

before approaching the equality court in Johannesburg.

He said the process so far had been a waste of time, energy and the

costs of senior counsel. The lyrics would remain prohibited until it goes to a

high court.

It would be heard at the Johannesburg High Court sitting as the

equality court.

AfriForum had complained about Malema’s singing of the lyrics at

the University of Johannesburg earlier this year.

Both the Johannesburg and Pretoria High Courts had already heard

separate applications which put a temporary halt to the singing of the


AfriForum was complaining that it was hate speech directed at

Afrikaners and farmers and the matter came to a head after the murder of

Afrikaner Weerstandsbeweging leader Eugene Terre’Blanche in April.


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