Cape Town - Judgment was handed down in the Equality Court, sitting at the Johannesburg High Court, on Thursday in the ’Dubul’ ibhunu’, translated as “Shoot the boer” or “Kill the boer”, case involving Economic Freedom Fighters (EFF) leader Julius Malema and MP Mbuyiseni Ndlozi.
This matter was brought before the court as hate speech by AfriForum.
The lobby group argued that the song, which can be heard at many EFF rallies, incites violence and fuels farm murders. They wanted Malema and Ndlozi to apologise and pay R500 000 damages.
Previously, Malema stated the party could not afford the exorbitant sum of money requested by AfriForum and further dismissed the claims of inciting violence.
During the judgment, the court found the song did not constitute hate speech and found AfriForum had failed to prove the matter.
Judge Edwin Molahlehi said he has no reason to reject the evidence given by Malema who testified earlier this year and explained the context and history of such struggle songs.
He further dismissed expert witnesses’ evidence brought before the court to testify by AfriForum.
Molahlehi dismissed the case against the EFF with costs.
After the judgment members of the EFF could be be seen singing the song ‘Kiss the Boer’ in celebration of the party’s victory.
In a statement released shortly thereafter, the EFF welcomed the ruling.
“The scathing judgement dismissed decisively the baseless case as concocted by self-proclaimed racist experts of AfriForum and was founded on hearsay.
“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,” the party said.
It said the court finding the singing of ‘’Dubul’ ibhunu’’ and the incitement of harm to a person or robbery of a farm had no link.
The party has constistently emphasised that its liberation chants and struggle song, are not instructions and none of its supporters recognised it as such.
“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,” the party said.