It’s not my song - Malema

Julius Malema addresses supporters after taking the stand in the Equality Court for the first time in the hate speech case. Picture: Sizwe Ndingane

Julius Malema addresses supporters after taking the stand in the Equality Court for the first time in the hate speech case. Picture: Sizwe Ndingane

Published Apr 21, 2011

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ANC Youth League (ANCYL) president Julius Malema defended himself and the song Dubul’ iBhulu (Shoot the Boer) at his hate speech trial in the Equality Court on Tuesday.

Taking the stand for the first time, Malema said he now saw some benefit in proceedings as the trial “has helped to shed some light”, allowing him to explain why whites should not be offended when he sings “Shoot the Boer”. His entire testimony was broadcast live.

He argued that the song was a metaphor for apartheid, and the call is to eliminate oppression, not kill individuals.

His appearance followed days of testimony by politicians and criminologists, music experts and even a poet. The judge, Collin Lamont, intervened unusually often.

Those who expected fireworks from Malema were for the most part disappointed. But Malema made no apologies for his reputation.

“I belong to a very radical and militant youth organisation,” he said. “If you are not militant, you run the risk of being irrelevant.”

He answered questions calmly, if forcefully, even when pressed to say he was racist or inspired by violent hatred of whites - propositions he steadfastly denied.

His followers include whites, and his enemy is apartheid and oppression, he said. He said he has used “boer” to refer to black police officers, despised as apartheid collaborators.

Under cross-examination by AfriForum lawyer Martin Brassey, Malema said the song had been taken out of context, blamed the media for portraying him in a bad light, and accused the Afrikaner interest group of “cheap politicking”.

He had been inspired by “revolutionary leaders” to sing the song, and the word “ibhunu” only referred to oppressors and nothing else.

“It’s not Julius’s song, I’m not Brenda Fassie,” he testified.

“If Julius sings revolutionary songs, it’s a headline, but when they sing Die Stem it’s not a headline. I want to sing with my people. I want to celebrate and commemorate without any restrictions.”

He said there were “no special rules for Julius Malema” and that for him it would be unfortunate if he was stopped from singing “revolutionary songs”.

“There’s never been anything in my life that has not been political … even proposing to a girl,” he said to laughter from the public gallery.

Brassey suggested that if Malema would agree not to sing the song on occasions when it might provoke disquiet, AfriForum might drop the case.

Brassey said he could even envision Malema singing the song as part of a history lesson for the residents of Orania - a town founded by whites who want to live separately from black people

Malema went on to say that barring him alone from singing the song, when and where he chose, was comparable to apartheid-era attempts to isolate leaders by putting them under house arrest or making it illegal for newspapers to quote them.

After recounting a number of political stories, Malema was warned by Lamont: “You are not entitled to come and make a political speech.”

However, immediately before cross-examination, Malema told AfriForum counsel Brassey: “You brought this political matter to court, I will answer in a political way.”

AfriForum took Malema to court, contending that his singing the struggle song constitutes hate speech. Malema in turn accused the group of wanting the “limelight”.

Malema said AfriForum was using “cheap politicking” and that the organisation “came here to boast”.

He also gave his version of the meeting last year with AfriForum, at which the complainants said he had threatened them by referring to the Shell House massacre in 1994.

“I was shocked to hear that in court - I never talked about that,” he insisted. Nearby, AfriForum deputy CEO Ernst Roets shook his head disbelievingly.

Instead, Malema saw the meeting as an opportunity to recruit Afrikaners into the ANCYL, to “convert them”.

He also described a visit to Afrikaner enclave Orania in 2009 where he sought to reintegrate the excluded group into the rest of South Africa: “We’re one nation. We belong together. When I go walking in the shops, white people are always approaching me for photos and autographs,” he laughed.

It was a joking attitude that often had the gallery giggling.

And, like the ANC cadres who testified before him, he felt it was dialogue - not court action - that would best move the country forward.

“Maybe the ANC Youth League will stop singing the song. Maybe we will convince AfriForum to sing it with us,” he said with a smile.

But the friendly exterior dissolved against the abrasive line of questioning by Brassey.

Early in cross-examination, the lawyer referenced newspaper reports calling the ANCYL president a “fool” and a “buffoon”.

“I assure you, I have the greatest of respect for you,” began Brassey.

“No, you share those views. That’s why you say it. You’re doing it for the papers. Go on,” barked a hostile Malema. “He (Brassey) mentions all those things for the record, he’s playing to the gallery and the papers.”

“Of course, nobody would accuse you of playing to the gallery, would they?” Brassey countered.

It was a prickly tone that prevailed for the rest of the afternoon.

Brassey wanted to know why Malema insisted on singing a song he knew offended. Malema blamed it on the media, who were “abusing the freedom we gave to them”. - Sapa-AP and Own Correspondents

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