“I’m Going To Defeat You Again White Boys”
Julius Malema, the leader of the EFF, has responded to AfriForum’s request for leave to appeal the Dubul’ ibhunu (Kill the Boer) judgment by promising to defeat the lobby group once more.
AfriForum was given permission by the Equality Court on Tuesday to appeal the Supreme Court of Appeal’s decision in the “Kill the Boer” hate speech case against Malema and EFF MP Mbuyiseni Ndlozi.
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The case, according to AfriForum campaign manager Ernst van Zyl, is one of “great importance,” and it needs to be made very clear that chants encouraging violence are unacceptable and will have repercussions.
“Today’s decision is only a single step forward in AfriForum’s great fight against the incitement of violence against farmers and minority groups. We will do everything in our power to ensure we defeat this dangerous, hateful behaviour,” said Van Zyl.
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Malema expressed his excitement for his upcoming court appearance in a social media post. “I’m happy you took my advice and fired your incompetent first lawyer. I’m going defeat you again boys. Bafana ba makgowa (white boys), AfriForum,” he said.
I’m happy you took my advice and fired your incompetent first lawyer. I’m going defeat you again boys. Bafana ba makgowa, afriforum. 😘
— Julius Sello Malema (@Julius_S_Malema) October 4, 2022
The court ruled in August that the chant “Kill the Boer” did not constitute hate speech.
Judge Edwin Molahlehi ruled that AfriForum had failed to prove that the lyrics incited violence and were therefore inappropriate under the Equality Act.
According to Molahlehi, objective analysis does not qualify as hate speech. “It is not in dispute that a song is a form of hate speech, but AfriForum has failed to show the lyrics of the song are based on prohibited grounds in the Equality Act. They have failed to show the song incites violence.
“The objective evaluation does not constitute hate speech but rather has to be protected under freedom of speech. AfriForum failed to prove the song constitutes hate speech. The matter is dismissed,” said Molahlehi.
