Appeal against 'shoot the boer' postponed

2012-09-03 14:18

Bloemfontein - The application by the ANC to appeal against a court judgment which found that the lyrics "dubula ibhunu" (shoot the boer) was an incitement to murder was postponed on Monday.

"Having heard the legal representatives from both parties, the application is postponed," Supreme Court of Appeal Judge Kenneth Mthiyane said.

The case was indefinitely postponed.

The ANC was ordered to pay the costs of the postponement.

The case relates to an order by Acting Judge Leon Halgryn on a settlement order between two members of the Society for the Protection of the Constitution.

One of the members, Mahomed Vawda, wanted to use the words at an anti-crime march in Mpumalanga 2010.

Another member, farmer Willem Harmse, objected, contending that the words meant "shoot the white man" or "shoot the boer" and that they would cause him injury.

The case was originally a low-key application between the two men, about which the ANC was not aware.

Malema case

Eventually, Harmse and Vawda settled and Halgryn granted their settlement order - that the utterance or publication of the words "dubula ibhuna" was unconstitutional and unlawful, and that translated, the words meant "shoot the boer/white man".

Also, that the publication and chanting of the words prima facie satisfied the crime of incitement.

The judgment is separate to an Equality Court hate speech case brought by AfriForum against expelled ANC Youth League president Julius Malema after he sang the words several times last year.

The ANC's lawyer Gilbert Marcus SC said the party asked for the postponement because the Malema case was coming up in the SCA next month.

Mthiyane said the high court judgment was binding only on Vawda.

Society for the Protection of the Constitution's lawyer Zehir Omar said he could not understand why the ANC was applying for leave to appeal.

"If the order by judge Halgryn is only binding on Vawda then anyone else can go and sing the song... It is a waste of time, the ANC is wasting time," he said.

  • mihaip007 - 2012-09-03 14:31

    lol - I think we found the achille's heel of the anc crime syndicate: just keep them in courts - case after case, they will not be able to rule the country, and all will collapse around them!

      michael.vanrheenen.9 - 2012-09-03 15:12

      It was postponed indefinitely which means that the court will not hear the case again! Nice! I don't understand how you cannot see that statement as racist and also as not an incitement to kill a specific race group... We as whites are being targeted by our own government!!!

  • lerato.kay.3 - 2012-09-03 14:50

    Griekwastad teenagers are taking this song seriously to the extent of putting the lyrics in practice, what more can explain a teenager’s family slaughter? I’m sure Malema will be blamed for incitement again.

      felix.feline.3 - 2012-09-03 15:13

      Haha, now do a joke about Sharpville. You are fricking hilarious!

  • RoryKlein - 2012-09-03 15:03

    more wasted taxpayers money ....

  • Bfoq.Za - 2012-09-03 15:09

    Typical of the double standards of the incompetent ruling party! All hell and damnation comes down when the 'k' word is uttered, yet the chanting of murderous slogans, referring to the caucation population as 'white scum' (mlungu) is permissible!

  • Bfoq.Za - 2012-09-03 15:09

    Typical of the double standards of the incompetent ruling party! All hell and damnation comes down when the 'k' word is uttered, yet the chanting of murderous slogans, referring to the caucation population as 'white scum' (mlungu) is permissible!

  • braamc - 2012-09-03 15:11

    Anything to do with the cANCer indefinitely postponed. Service delivery, good governance, leadership etc etc.

  • mullervince - 2012-09-03 15:29

    They like cowards. They like to stir racial tention, but according to them, they are doing nothing wrong. But dare to use a k word.

  • stefan.kruger.1297 - 2012-09-03 15:30

    I've got an Idea, lets make it 3 songs all together, shoot the boer, shoot the black, shoot the coloured... Damn.. we can add Asian, European... Its the only way for this to be fair to everyone... Malema and everyone singing that song is RACIST!!!

  • douglas.reid.921 - 2012-09-03 15:33

    Comrades will only be happy when there are no more boers and they have a dictator in power. Why they don't all just migrate to Zimbabwe and they will be very happy.

      johandebeer - 2012-09-03 17:38

      So will we

  • christina.setloboko - 2012-09-03 16:04

    we need to move forward as the nation not back wards, malema has done too much damage to this country

  • tw2066 - 2012-09-03 16:16

    So JZ finds the Spear offensive - and guess what - some find this song offensive ... Double standards??

  • des.fellows - 2012-09-03 17:13

    why does this song have to be sung at all there is no need for it in South Africa we all have freedom and democracy leave it behind there is no revolution and why must some members of the ruling party always want to kill why cant we all live in peace and harmony

  • zs5zk - 2012-09-03 19:40

    Sing the song in front of me and I will SHOOT YOU.!!!!!!!!!!!!!!!! as you are threatening to KILL me.

  • les.eberhardt - 2012-09-04 08:25

    Kill the government, not the boer. Maybe then we'll uplift the poor. Kill the government,to improve education; then we'll have a clever nation. Kill the government and all the murdering K's in the land, Then maybe we'll give each other the hand' To a black and white ovation. Then we'll live together as a RAINBOW NATION!!

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