AfriForum to defend hate speech ruling

2011-12-07 08:25

Johannesburg - Lobby group AfriForum said on Tuesday it was ready to defend the Equality Court ruling that the "shoot the boer" song was hate speech.

"AfriForum has already won the first, second and third rounds of the legal battle against [ANC Youth League president Julius] Malema's hate speech," it said.

"If necessary, AfriForum is prepared to defend the ruling in the Constitutional Court as well."

Malema filed a notice of appeal at the Supreme Court of Appeal on Tuesday against the court ruling which found him guilty of hate speech.

The South Gauteng High Court convicted him in September after AfriForum took him to court for singing the song "shoot the boer".


Judge Colin Lamont granted Malema leave to appeal.

Lamont held that the words undermined the dignity of people and were discriminatory and harmful.

"No justification exist allowing the words to be sung... the words were in any event not sung on a justifiable occasion," he found.

Lamont said it was not relevant whether the words were not exposed to some people of society.

"If it is exposed to a portion of society then it is relevant."

An SCA official said the matter was expected to be on the court roll for the sitting in September.

AfriForum said it would lay a charge with the United Nations Human Rights Commission if the South African courts could not "defend citizens against hate speech".

  • Larry - 2011-12-07 08:43

    It would only be political interference that would dictate an otherwise certain outcome. All over the world, the words "Kill theā€¦ whatever" is classed as hate speech.

  • Andre - 2011-12-07 08:50

    AFRIFORUM for president!!

      procold2 - 2011-12-07 11:57

      Juju is not getting anymore air time so now just to get into the news he appeals there is no way the con court will decide otherwise and if it does it is from gov/anc intervetion.

  • Sue - 2011-12-07 09:05

    We are not allowed to use the K word otherwise we will be prosecuted but its ok for them to sing shoot the boer, something wrong somewhere.

      makatika - 2011-12-07 09:13

      @Granny Who is them? and who is we? are you a spokesperson and of which organization?

      madsipho - 2011-12-07 09:26

      very good question @makatika

      christoff.truter - 2011-12-07 09:30

      @makatika, wow do you want everything spelt out for you? You clearly dont understand the concept of "context". But hey, lets help you out buddy. them = ANC, ANC supporters. we = White Minority. Anything else you need help with? Just let us know okay?

      Grant - 2011-12-07 09:34

      @makatika...Muzi my friend, Granny is referring to 'them' as the ANCYL as reported in the article and the 'we' is those referred to by the ANCYL in their hate speech song. I realise that you are poorly educated by the ANC, that your reading and comprehension skills are poor and everything is in any event clouded by your racist attitudes and the chip on your shoulder, but I hope this helps clarify the point for you!

      makatika - 2011-12-07 09:45

      @christoff.truter I assume you speak for all white minority then. Well as for me I would not worry if started calling me names, as long as you are a Man enough to stand by your word. Try it then I dare you. @Grant - I bet Granny is your friend or Grant is a short version of Granny, you seems to have answers that Granny(Old Lady)has not even thought them through.

      madsipho - 2011-12-07 09:57

      I am not an ANC fan nor Malema fan but these racist comments make me sing "SHOOT THE BOER" very loud than Malema. I just can not stand white minority who always think that all blacks are in this Shoot the Boer thing, while they are too racists to the fellow black community....

      makatika - 2011-12-07 10:25

      @christoff.truter I believe you are a South African and this is a democratic country, so you have all the freedom and I believe you are an adult enough to distinguishes btw what is wrong and what is right, and you what can get you in trouble, so be responsible my friend

  • shelley.beukes - 2011-12-07 09:08

    Of course it is hate speech. JM is one of the first people who will have a fit if anyone called him a certain name that has got a lot of people into serious trouble, but he still wants to go around yelling kill someone. He obviously was not at the receiving end of the so called freedom fighters as most black South Africans were in the so called apartheid era. Just looking at what is happening in this country, it is so obvious that the whole thing started because the ANC and their various cohorts all make crappy leaders, and did in the past as well.

      Maai - 2011-12-07 09:24

      Yep, Zuma was in exile while the ANC's "armed wing" was murdering non-conforming blacks in the townships. People know so little of the true history of this country.

      makatika - 2011-12-07 10:30

      Please we know you are not sheep and stop acting like one. It is not a hate speech and how can it be. Well it is not an appropriate song to be sung but is definitely not a hate speech

      Rebel_without_a_cause - 2011-12-07 11:23

      @makatika. If including the word KILL in a song referring to a specific ethnic minority is not hate speech, then I would really like to hear your opinion of what constitutes hate speech. Please include some examples and case studies.

      Deon - 2011-12-07 11:40

      Respect the courts decision, no one is above the law (or so it should be).

  • Msholozi - 2011-12-07 10:33

    we cherrish our struggle songs it is hate speech to suppress our songs

  • Deon - 2011-12-07 11:37

    The courts have the last say, currently it is considered hate speech.

  • Craig - 2011-12-07 12:05

    @Makatika and the rest of his fold: So given that you believe this song not to be hate speech then by your reconning it would be acceptable if the word "ibhunu" replaced by "amabantu" and the song was translated into Afrikaans and sung by the AWB or FF+.. You would not see that as hate speech??

      makatika - 2011-12-07 15:33

      @Craig - You welcome to start remixing the song, but remember it is patented and all rights reserved so you better come up with your own

  • andreviljoenjoubert - 2011-12-07 13:10

    The funny thing is that he say's he's got 20 cattle and will farm and breed with them. Doesn't that make him a Boer? And yes. Yes it does.

      makatika - 2011-12-07 15:36

      He is a Boer, I am a Boer as well but not the commercial one. I do have a veg garden at the back of my house

      Blade - 2011-12-07 16:00

      @makatika and a cabbage between your ears.

  • tw2066 - 2012-09-24 22:32

    Oh look Julias, a silk worm and a cacoon... Theres a racoon - lets shoot it....

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