BALDWIN NDABA
The South African Equality Court has ruled against AfriForum for its assertion that the words “kill the boer – kill the farmer” constituted hate speech.
The ruling was made in the Equality Court sitting in the South Gauteng High Court in Joburg in which the judge dismissed AfriForum’s hate speech application against Malema and MP Dr Mbuyiseni Ndlozi.
In their application against Ndlozi, AfriForum wanted the court to make a finding that his singing of the song “Bizan’ iFire Brigade” (aka “Dubula iBhunu”) in October 2020 during the court appearance of two men who were falsely accused of having murdered Brendan Horner, constituted hate speech.
In their contention, AfriForum argued in court that in October 2020 after supporters of the EFF sang “kill the boer, kill the farmer” outside the Senekal Magistrate’s Court where the then-accused murderers of Horner were tried.
They also argued that Ndlozi also made inflammatory statements that, according to AfriForum’s statements, amounted to the incitement of arson. The leader of the EFF, Malema, was added to this case because he was also present at this event and also because he was already bound by a court ruling in this regard.
In ruling against AfriForum, Judge Edwin Molahlehi ruled three of the expert witnesses, including AfriForum’s head of policy Ernst Roets, did not meet the requirement of expert witnesses.
Roets during the trial, testified that the singing of the song had escalated farm murders but the court ruled against him.
Judge Molahlehi said not only was Roets not an expert witness but he also had a vested interest in the matter.
The court also dismissed an application of one of the lay witnesses who testified about at attack on a farm in 2008 also saying that the singing of the song could have contributed to the attack on him.
In dismissing his testimony, the Judge said the attack happened in 2008 and the EFF was formed in July 2013.
The judge accepted the testimonies of Malema and expert witness Professor Elizabeth Gunner who testified that the songs were depicting the living conditions of people at a particular era of time.
Gunner said the singing of the song was due to the slow delivery of land reform and access to land by black people.
After the judgment, Roets said that the ruling created a dangerous precedent, saying the disturbing message sent with this judgment was that encouraging the gruesome murder of a certain group based on their identity was 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. Today’s ruling proved how the political order in South Africa is becoming radicalised, especially against minorities.
“A political order where the incitement and romanticisation 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 said.
Roets said AfriForum would urgently approach their legal team to discuss the appeal of this ruling.