Equality Court ruling on Malema: SAHRC to pursue next legal steps

The South African Human Rights Commission (SAHRC) has welcomed the hate speech conviction handed down to EFF Leader Julius Malema. 

The Western Cape High Court handed down the judgment on Wednesday. 

In a statement, the SAHRC they would fully engage with the next phase of legal proceedings. 

The Commission stressed that this judgment addresses only the merits of the complaint, with the relief process still to follow.

“The Commission will engage this process fully, guided by the principles of justice, accountability, and the need to uphold constitutional values in a diverse and democratic society,” the SAHRC said

The court found that statements made by Malema at a political rally in Cape Town in October 2022 constituted hate speech under South Africa’s Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act).

The SAHRC initiated legal action in November 2022 after receiving public complaints about Malema’s comments during the gathering, where he urged his supporters to “follow up” on a white man involved in a confrontation outside Brackenfell High School.

Malema called for the man to be taken to an “isolated space” and “attended to properly,” further stating that “revolutionaries must not be scared to kill” and that racist acts deserved a violent response.

The Commission said these remarks violated constitutional and statutory protections against hate speech.

The Equality Court declared that Malema’s statements were a direct call to violence against white men based on race and political belief.

It found that these statements were not political commentary or metaphorical but rather “clear exhortations to violence” intended to incite harm and hatred. The court also ruled that both Malema and the EFF are jointly and severally liable for the complainants’ legal costs.

In response, the SAHRC highlighted the court’s recognition of the danger posed by inflammatory rhetoric from public figures, emphasising that “freedom of expression, while fundamental, does not extend to advocacy of hatred that constitutes incitement to cause harm, particularly where such statements are made by persons in positions of power or influence.”

“The Commission notes with appreciation the Equality Court’s careful consideration of the context, ideological framing, and effect of the impugned statements,” said the South African Human Rights Commission.

“The judgment reaffirms that freedom of expression, while fundamental, does not extend to advocacy of hatred that constitutes incitement to cause harm, particularly where such statements are made by persons in positions of power or influence.”

The Commission affirmed its constitutional mandate to promote and protect human rights, including the rights to equality and dignity, and to combat hate speech in South African society.

In its statement, the SAHRC reiterated its commitment to fostering a society where political engagement is vigorous but does not incite violence or deepen racial divisions. “The SAHRC remains committed to building a society where robust political engagement is not used to incite violence or deepen racial polarisation.”

The Referendum Party (RP) also welcomed the ruling, calling for sanctions to be “pursued to the fullest extent of the law.”

“For too long Malema has been allowed to issue threats of violence and racist tirades against minorities, particularly White and Indian communities, with near total impunity,'' they said. 

They criticised the Constitutional Court’s earlier ruling on “Kill the Boer,” describing it as “disgraceful” and said South Africa has “paid the price for that double standard with international condemnation.”

The RP further warned that “history suggests that this will not be the last racist tirade from Malema, the EFF, or any African nationalist party (including the ANC),” highlighting political divisions in the country. They concluded, “It is time for the Western Cape to democratically determine its own future, not to have it dictated by racist politicians like Julius Malema.”

hope.ntanzi@iol.co.za

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