Pretoria - The Equality Court on Tuesday granted AfriForum leave to appeal the judgment in the “kill the boer” matter, which the court ruled the song did not constitute hate speech.
Last month, the court found the song did not constitute hate speech and found AfriForum had failed to prove the matter.
The song was sang by EFF leader Julius Malema and MP Mbuyiseni Ndlozi during rallies.
The lobby group had argued that the song 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.
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.
Ernst van Zyl, Campaign Officer for strategy and content at AfriForum, said that this case is of great importance, as a message must be sent loud and clear that chants that incite violence is unacceptable and will have consequences.
“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,” Van Zyl added.
IOL