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A police officer cracks a smile after reading the message on a placard carried by a Julius Malema supporter outside the Johannesburg High Court. Photo: Antoine de Ras
President Jacob Zuma has left the door open for Julius Malema to remain in the ANC, provided the youth league boss allows the party to mould him into a good leader.
The ANC also said it would appeal the Equality Court ruling banning the singing of Dubul’ iBhunu (Shoot the Boer).
ANC national executive committee member Jessie Duarte told eNews channel on Monday night that the party would appeal the decision on Monday by Judge Colin Lamont, sitting in the Johannesburg High Court, that singing Dubul’ ibhunu constituted hate speech, and interdicting Malema and the ANC from singing the song either in public or in private.
Speaking to Business Report in an exclusive interview, Zuma said it was not the ANC’s aim to remove Malema from the public space.
“No, I don’t think that should be the objective. I think the objective is how do you help Malema? Because Malema has a lot of elements that are good in him,” said Zuma.
But, Zuma added, Malema would have to watch his conduct if he wanted a future within the ANC.
“What you have to do is deal with things that are not right with Malema,” Zuma said during an interview on his leadership.
“We must help Malema to do the right things. Because if you help Malema to do the right things, you have a very good, potential (sic) young man who could put across things very well.”
The remarks by Zuma are his most candid comments to date on Malema, who is the subject of an ANC disciplinary hearing over his conduct.
At the core of the charges against Malema is his call for regime change in Botswana. There has been speculation that Malema might either be suspended or sacked from the ANC.
But Zuma said the ANC’s task was to help Malema, noting that “the ANC never gives up on people. It has patience. I think what we should do is help Malema.”
Even so, the ANC had to draw a line, said Zuma.
“You cannot allow him to do the wrong things. In other words, the job of the ANC is to help Malema, to mould him into a dynamic, good leader. That’s what we need to do. It is only if you can’t do it, that the question becomes what do we do with him,” Zuma said at his Pretoria residence, Mahlamba Ndlopfu.
He said Malema’s approach to issues put him at risk of saying the wrong things just to appease a particular group of people.
“If you are like Malema, you’ve got to be finding new issues all the time because you get used to impressing people; they must be clapping hands for you, and that’s when you make a lot of mistakes because you say a lot of wrong things,” said Zuma, adding that such leaders harboured a particular weakness.
“Because if you spoke, for example, and people did not get excited, you feel you’ve not done it. So you must be on the border of saying things that are radical and problematic.”
Judge Lamont ruled Malema’s singing of Dubul’ iBhunu was not appropriate in a post-democratic South Africa and amounted to hate speech.
His judgment effectively restrains the ANC, the youth league and anyone in South Africa from saying the words “kill (or shoot) the boer” and singing the song at any private or public hearing. This means that anyone singing the song could face contempt of court charges.
Judge Lamont said white Afrikaners and farmers had ceased to be enemies, and “the words undermine their dignity, are discriminatory and harmful. No justification exists allowing the words to be sung. The words were in any event not sung on a justifiable occasion.”
But, minutes after passing his verdict, ANCYL supporters burst into a rendition of the song on the steps of the court.
“We will never stop singing this song!” shouted one supporter. “We will sing it until Jesus comes!”
Judge Lamont said
Malema, knowing the words would be translated as hate speech and knowing the impact on white Afrikaners or Afrikaans farmers, persisted in singing the song, making him “morally culpable”.
Ancyl secretary-general Sindiso Magaqa called the ruling “an effective ban of ANC songs” and said they needed time to consult with their lawyers on their next course of action.
Magaqa admitted that “it was a hard-hitting judgment, with implications on the constitution”.
“It’s a milestone judgment for the protection of minority groups,” said AfriForum deputy chief executive Ernst Roets.
“I definitely feel more welcome as a member of South Africa than I did on Monday .”
However, the Freedom of Expression Institute (FXI) was more cautious.
“The judgment seems reasonably fair. But it underscores our view that the equality legislation is too broad in describing hate speech,” FXI director Elston Seppie said.
According to the equality act, hate speech is words that “could reasonably be construed to demonstrate a clear intention to be hurtful, harmful or incite harm or promote or propagate hatred”.
But the FXI feels this definition is too broad.
How does one define hurtful? What counts as harmful?
“We need to narrow the definition of hate speech down,” said Seppie. “This is one of the issues that inhibits freedom of speech.”
The ANC was appalled by the ruling.
“We are extremely unhappy with the judgment. We believe it disregards a part of our history that some sections of our society are not happy with.
“The songs we sing are part of our heritage. They’re not meant to incite people,” ANC spokesman Keith Khoza insisted.
For full coverage of Zuma’s interview, see Thursday’s Business Report Leadership Platform. - The Star
Matt, wrote
As soon as I've graduated with my Masters Degree I'm out of here. You can all say I'm perpectuating the so-called "brain drain", but why honestly stay??? We can try build this country, work hard, sweat blood and tears to make SA first world. But why? Why spend your whole life struggling, labouring, toiling, for no reward, just to make these bastards rich. We are daily accused of crimes we never commited, told to be guilty because of our forefathers. We are too young to be responsible for the past. I say No. We as the educated members of society have options, call me selfish, but I want to go some place where I'm welcome, where I can prosper. Someplace where the work I put in will result in due rewards. My whole life I have not felt welcome in the country of my birth, so I am leaving, and so are many of my colleagues. Cheers!
Anonymous, wrote
Mr Zuma you know what a joke you send out to our South Africans and to the World that our Country is for Joker,s or a Circus.You know Sir what i have learn whe grew up if you got a 100 tomatoes and one is rotten you remove it so you 99 can be save and last longer.This prove to me that i won,t ever concider put my Vote to you Party and enjoy while their is still icing on the cake before everything is melt away cheers Well done thank you.
Derek Ingle, wrote
I LOVE AUSTRALIA!
A White South African, wrote
To all those people who are leaving...please go. I am South African. This is the country of my birth and my childrens birth. This is my country and I love it! 'I'm leaving' is the white mans mantra...go..Australia needs you!! Especially people like you! South Africa needs strong, proud individuals who love their country not cowards who at the whiff of trouble threaten to leave..GO!
Dj Slip, wrote
@ Timz, lol thats like saying Zuma is going to mould marble with his bear hands...
Willd1mind, wrote
How many whites went on trial, were convicted or punished, even with a fine, for hate speech, hate crimes and other forms of oppression and violence in South Africa after Apartheid? How many whites can say in any seriousness that the land in South Africa is actually their ancient and ancestral birth right that they alone have solemn rights to under gods own sun? How many whites can seriously say they have this land in South Africa without hate crimes against others? How many whites can seriously say that their control and domination in South Africa is not in fact a result of hate crimes they have never been punished for? And how many whites can seriously say that they are not racist and their progress not built on racism and hate? If we are going to start punishing hate crimes then start with those who deserve it the most: the whites. And one example of a hate crime is to call a black racist. That in itself should be a crime considering the facts of history in South Africa. It is a crime because it promotes hate and is a blatant lie. The fact is that the racist are the ones with the most to loose if Malema ever gets his ideas put into action and this is why they are so against him.
Bob, wrote
@Dawee, yes Malema really has the interests of the poor at heart. That's why he has a 16million rand house, 200 thousand rand watch and numerous cars. WAKE UP! He is using the votes of the poor to make himself rich and gain power. Actually, not unlike most other ANC leaders.
Timz, wrote
Zuma:"to mould him (Malema)into a good leader". LOL!That's what he is thinking about him? It was not a disciplinary hearing, it was a farce, as usual
Russell travers, wrote
The problem with this problem, the sullen,intractable, stuborn and selfish manoevering of people in the anc, is its moral relatavism. These present struggle dynamics reflect the monolithic shortsighted trough-vision brought on by entitlement. Ie- I am black and oppressed so I must fight! Or- we won the war so whatever we do or say is ok because we are victorious! These blinded people have to realise that there was no real war in SA. Whatever victory they feel was achieved, came about as a negotiated settlement. The anc is violating this settlement. We are slipping toward conflict again. We have a long history of war and prolonged low intensity conflict. We are natural fighters and are good at it. War has evolved into asymetric calculations. Here's one. White landrover carrying low level strident demagogue destroyed in IED attack in suburban Johannesburg. Then what? More talk and hot air and ultimately a settlement. Get it over with. Mr Malema wants, is actively seeking martyrdom. I am certain someone will oblige! It would actually be to the anc advantage if he did die in this way. They need another Biko! And so the cycle continues...
Save Malema Fund, wrote
We will be registering an organisation called Save Malema from Himself Fund.... any takers... membership is free..
Vavi , wrote
I can actually pick the comments from the racist blacks and the comments coming from well heeled individuals who actually make sense. The racist clearly still have a big chip on their shoulders. To those of you racists out there, the struggle is over. if you find that you are still struggling, then its due to your laziness and bad choices. You need to work hard for your success because nothing comes for free. You can support Malema and even participate in the toyi toying, but it will not get you anywhere. You will still end up going to your 1 roomed shack while he drives surrounded by armed men, to his mansion. You will still end up having to eat last weeks bread, while he will chew on a lobster tail. Stop blaming your failure and your lack of ambition on apartheid. You should be liberated like Zodwa and Vuyiswa by now. They also had it hard, but managed to overcome the hardships. Its time you saw a shrink to sort out your anger issues. And for your information, today there are more black millionaires than whites in SA. So if you really want to vent about why you can't get out of the rut you find yourself in, look no further than the government of the day. That's where the corruption starts and ends. Maybe if they spent more money on educating YOU (in your 40's) than using it to fly their families on overseas trips, then you wouldnt hate so much. You hate is also projected to the wrong people....... I will send you my bill.
Anonymous, wrote
I believe all this is the result of poor weak leadership. The ANC is more worried about its power base than the good of the country.
Anonymous, wrote
So if we follow the ANC mentality I can go onto a public stage and sing "skiet daai Kaf@&!* een vir een" and claim it was a Boer struggle song and they cant and wont do anything about it ?????? I doubt i would get away with it.
Dj Slip, wrote
I think this is bigger than what is actually is.. it was jus put int he positive light at first in the start to see how things play out..they knew fromt he staert this is just a game to waste tax payers money..after all that what they do best..they trained money wasters coz at the end the tax payer ends up paying for all of this court cases,hearing etc..which they know they just doing to pass time and make it look as if they are actually utilizing there grey matter...i guess we should all listent o trevor noah "im leaving mary im leaving...im going to Australia... " lol..
DAVE, wrote
ANC is a reverse apartheid government, wholly repugnant and rotten to the core
Kb, wrote
The more I hear and see juju the sicker I get. In moving forward in this country we don't need air heads saying things that are not relevant. He is the Youth Leader and yet for the youth he has not motivated. My faith in the Anc is surely fading. If the leaders are not careful ANC will become its own worst enemy
Art, wrote
I'd like to "mould malema" into a rugby ball, and kick him off the planet.
Liberty, wrote
I strongly think that SA is looming on a cricis and a civil war. Yes, we did not have a war in the 90's because there were educated people like Mandela and his ilk running the show. They fought to get here with minimal blood shed. But when you put an undeducated president and a youth leader who failed wood work together, you will get mayhem and bloodshed. You will get violence and service delivery strikes. And they will continue to sing the struggle songs and machine gun songs until Jesus comes..... Please Jesus, come tonight and save our country.
Anonymous, wrote
What if the shoe were on the other foot? Imagine white people calling black people by the "K" word because it was "part of our heritage or history"....How absurd!!! I take it the ANCYL know of a really enjoyable way to kill white farmers - no wonder they are all standing in line to be killed and experience this fantastic experience!!! Maybe they can export this method to other parts of the world so SA can regain its greatness.....
Chris Hani , wrote
Big Racists alway see others as being racists. I see so many references to leaving SA. A question? who's holding you?
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