THE Equality Court sitting in the High Court in Johannesburg has dismissed the hate speech case brought by AfriForum against the Economic Freedom Fighters over the singing of the Dubula ibunu (Kill the Boer – Kiss the Boer) song.
Judge Edwin Molahlehi found AfriForum failed to prove the song constitutes hate speech.
The lobby group argued that the song, which is being sung at EFF rallies, incited violence and fueled farm murders.
The lobby group also wanted EFF president Julius Malema and EFF MP Mbuyiseni Ndlozi to apologise and pay R500 000 damages.
In a statement, the EFF said it welcomed the judgment.
“The scathing judgement dismissed decisively the baseless case as concocted by self-proclaimed racist experts of AfriForum and was founded on hearsay,” the party said in a statement.
“In a landmark judgement, the court ruled today, that AfriForum failed to show that the lyrics of the song contravene the Equality Act or demonstrate a clear intention to harm or incitement.”
“Furthermore, the court ruled that the song must be protected under the rubric of free speech, and debate around the song must be left to the political contestation within society.”
“This aspect of the judgment is critical, as it not only undermines the baseless narrative by Swaart-Gevaar proponents, who want to create a picture that there is a white genocide in South Africa, but also undermines the racist trope that black people are irrational beings, who will kill because of a chant or a song.”
“The case by the racists, which sought to erase the cultural element of the liberation struggle in South Africa, has fallen flat on its face.”
Meanwhile, the AfriForum said it will appeal the verdict of the hate speech case.
Ernst Roets, Head of Policy and Action at AfriForum, said that the ruling created a very dangerous precedent.
He said the disturbing message sent with the judgment is that encouraging the gruesome murder of a certain group based on their identity is acceptable and carries no consequences.
“AfriForum works constantly with the victims of farm attacks, as well as the families of those killed in these gruesome crimes. We understand the pain and trauma these victims and survivors have to live with. We are therefore deeply disappointed with today’s verdict. There is no place in society for songs that encourage the killing of people based on their identity,” said Roets.
“Today’s ruling proved how the political order in South Africa is becoming radicalised, especially against minorities. A political order where the incitement and romanticization of violence against minorities is sanctioned by the judiciary is not a free, democratic order, but an oppressive order. This case once again confirms that AfriForum must now focus its attention on strengthening and intensifying our safety structures and security training.”
He added that AfriForum will urgently approach their legal team to discuss the appeal of the court ruling.
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