‘Shoot the boer’ incitement to murder

IOL news Malema bodyguards Independent Newspapers The words "dubula ibhunu" (shoot the boer) were declared incitement to murder in a judgment handed down in the High Court in Johannesburg. Photo: Independent Newspapers

The words “dubula ibhunu” (shoot the boer) were declared incitement to murder in a judgment handed down in the High Court in Johannesburg on Monday.

In his order, Judge Leon Halgryn said “… the publication and chanting of the words 'dubula ibhunu', prima facie satisfies the crime of incitement to murder”.

This judgment is separate to the ongoing hate speech case by Afriforum against ANCYL president Julius Malema after he sang the words several times last year. This case relates to two members of the Society for the Protection of Your Constitution.

One member Mahomed Vawda planned to sing it at an anti-crime march in Mpumalanga last year. The other member Willem Harmse was opposed to this.

Eventually the two reached an agreement and without much press fanfare secured a settlement order prohibiting the singing of the words.

The ANC then applied for leave to appeal and to intervene, hence Monday's judgment.

In Halgryn's latest judgment he turned down the ANC's application for leave to appeal against his order on March 26 last year, amends the order adding the words “to commit murder” after his original finding that it was incitement, and ordered that a copy of his judgment be forwarded to the Law Society for it to investigate the conduct of the lawyer who represented the two men.

Willie Spies, a lawyer for Afriforum who had also applied to intervene in the appeal application, told Sapa this effectively prohibits the singing of these lyrics by anybody and makes it a crime. - Sapa



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Gardenboy, wrote

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12:31pm on 16 May 2011
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Let's hope the clown can understand this judgement - unlikely... with his 2 brainscells he is probably shouting 'racism' again! Poor fool!!

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Anonymous, wrote

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12:31pm on 16 May 2011
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It is a shame that it had to take a Judge to declare the singing of "Kill the boer" incitement to murder! I I were to sing a song that goes like this: "Kill the President" or "Kill the Minister" I will certainly be arrested and charged with incitement to kill, for good reason. Why shouldn't the same reasoning apply to anyone who sings a song that says "Kill the...whatever" Only a moron or barbarian would not agree that it is wrong to sing any such song with the prefix "Kill" But sadly, the Malema's of this country would still sing this song, even in President Zuma's presence, who would simply sit by and smile, and the police would also be struck with inertia!

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ET1, wrote

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12:30pm on 16 May 2011
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@kagiso. You've hit the nail right on the head! The ANC has been ridingthe wave of the past for far too long. They have been in power for 16 years now, and the only real struggle they have left is how to convince people that current problems are still not their fault. Inciting racial hatred works in securing the votes of some, but others are starting to see the truth: words don't put food on the table; actions do. It's time to get people in power, people that we can rely on to improve our society and life, instead of only looking after their own wellbeing.

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Debra, wrote

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12:30pm on 16 May 2011
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My husband grew up in SA and then moved to US where we met and had a son. We want to come back to SA but are now concerned with the hate speak coming forth. The World Cup did so much to show people the safety and a a beautiful South Africa and now look....

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Rod, wrote

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12:29pm on 16 May 2011
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Next the ANC will pass a law making this song legal

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Abongile, wrote

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12:28pm on 16 May 2011
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@Kagiso : I would never dare to advocate any incitement to violence however this judgment together with your statement "Why are we still talking about the struggle?" is rather worrying. Understand me here, I'm totally against politicians using the struggle for liberation here in SA including songs and rhetoric to push their own agendas. These songs invoke a lot of emotion in people and sometimes may result in regrettable actions. Now, I have a 2 year old daughter and I plan to tell her about our history and how we came to where we are in this country, this includes the struggle and I may even sing some of the songs that were sung during those days, of coz this will be done positively in the effort of making her appreciate our current freedoms even the ones she may be against. I truly don’t see anything wrong with that and people I’m sorry about this….no….actually I’m not, but any court judgment or anyone who tells me otherwise, I think they should go fly a kite.

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Anonymous, wrote

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12:27pm on 16 May 2011
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Forgive Malema - for he knows not what he does.

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Gary, wrote

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12:18pm on 16 May 2011
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Here is the problem, if you were black and lived through the so called struggle, then the words have a symbolic meaning. If however, you were born long after the struggle, you are uneducated, unemployed and facing a bleak future, the words then are no longer symbolic, and are a clear incitement to commit crimes against, not only the 'boer', but all white people in general.

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Mark, wrote

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12:15pm on 16 May 2011
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Democracy = 1 Malema and ANC = 0

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Jody, wrote

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12:15pm on 16 May 2011
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why on earth is this man even able to speak. every word that comes out of his mouth is utter nonsense.

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Sly, wrote

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12:14pm on 16 May 2011
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Aya saba magwala!!! All I can say.

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Anonymous, wrote

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12:13pm on 16 May 2011
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Next sould be "Bring me my Machine Gun" Get rid of songs like these in such a violent country like ours! Zuma stop your preacingsinging of killing and guns, you should grow up and realise we way past apartheid!

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mighty whitey, wrote

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12:12pm on 16 May 2011
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Thank you we don't need people singing songs about killing people, it just stirs up the already volatile situation in our country. Put those songs in a museum with Apartheid and move on people. 17 Years after apartheid officially ended and instead of forgiving and forgetting , we are remembering and blaming.

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Graham F, wrote

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12:12pm on 16 May 2011
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What else could the words mean no matter what Malaema says. They should also, but could not, say that any variation obviously referring to the chant is also an incitement to murder. Malema was reported at the weekend to be getting the children to chant " Kiss the Boer, Bam Bam ". Its a pity ANC does not have a mature leader who could have said that we claim the song but I recognise it will offend certain South Africans so I forbid ANC to use it.

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Anonymous, wrote

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12:11pm on 16 May 2011
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now the history of the ANC is heading to the drain now.i m scared but any way lets save the boer rather than shot them,lets the law be respected.

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Anonymous, wrote

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12:04pm on 16 May 2011
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what?

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CommonSense, wrote

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12:04pm on 16 May 2011
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All logical, rational-thinking people already know that it is an incitement to murder, but the emotional, illogical irrational ignorant masses will cry racism - its so predictable. Racism is alive and well in SA, except now its used against the white minority.

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Anonymous, wrote

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12:02pm on 16 May 2011
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Wait and see even someone ther will still continue to sing the song even if is not Malema. What would they do then?

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Corrie, wrote

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11:58am on 16 May 2011
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Not that it matters. The ANC and their members think they are special and above the law. They all talk about "nation building" but insist on singing these songs. That is not nation building and South Africa has more racial hate than ever before because of the actions of some (read Malema and his so called youth league).

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kagiso, wrote

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11:57am on 16 May 2011
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Again.. what is the ANC STILL struggling about? This song was a revolutionary song - simply put, as the olf regime of Apartheid is now abolished (17 years ago - almost a generation) the revolution has happened. Therefore why are we still singing revolutionary songs? Why are we still talking about the struggle? The struggle for freedom is over, the struggle now is for services to be administered properly. The strugle now is to abolish the corruption. The strugle now is to create jobs for the poor... Its rather ironic if you look at it in this text why opposition parties havent started "revolutionary struggle songs" against the current government... Makes you think?

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