Don’t trust ANC with Shoot the Boer deal: FF+

File photo. Julius Malema (left) and Jacob Zuma. Picture: Cara Viereckl

File photo. Julius Malema (left) and Jacob Zuma. Picture: Cara Viereckl

Published Oct 31, 2012

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The ANC cannot be trusted to uphold an agreement to drop an appeal against the “Shoot the Boer” song and encourage its members not to sing it, the FF Plus said on Wednesday.

“The Freedom Front Plus would have welcomed a court decision in the (former ANC Youth League president Julius) Malema hate speech case, as it would have brought clarity and would have been enforceable,” FF Plus parliamentary leader Pieter Groenewald said in a statement.

“The ANC cannot be trusted with the agreement.”

African National Congress lawyer Leslie Mkhabela said on Wednesday that an agreement on the song “Dubula iBhunu” (Shoot the Boer) was signed by the party, lobby group AfriForum, and the Transvaal Agricultural Union (Tau SA) on Tuesday night.

The agreement stated the parties agreed that AfriForum and Tau SA would abandon the Equality Court order and that the ANC and Malema agreed to abandon the appeal to the Supreme Court.

The mediation agreement was made an order of court by the Supreme Court of Appeal.

Groenewald said the FF Plus had a similar agreement with the ANC following a complaint submitted to the Human Rights Commission in 2007.

The complaint arose after placards reading: “all Boers are killers” and “a Boer will remain a f***ing Boer” were used in an ANC march.

“The agreement was concluded on 17 April 2007... and the ANC even agreed to take disciplinary action against members,” Groenewald said.

“Needless to say, the ANC did not stick to the agreement.”

He said the agreement on “shoot the boer” would be difficult to enforce.

“Nowhere was it agreed to that the words sung by Malema is hate speech,” Groenewald said.

“According to information (from the meeting) Malema was not present and it is doubted whether he would at all stick to the agreement.”

In September last year, the High Court in Johannesburg, sitting as the Equality Court, convicted Malema of hate speech after AfriForum took him to court for singing the song.

Judge Colin Lamont held the words undermined people's dignity and were discriminatory and harmful.

Malema lost an application in November for leave to appeal directly to the Constitutional Court against the hate speech ruling. He filed a notice of appeal with the Supreme Court of Appeal in December. Lamont granted him leave to appeal.

ANC secretary-general Gwede Mantashe said on Wednesday that Malema was not available to attend the signing of the agreement because he was writing exams.

He said the agreement was important to the ANC.

“It is educating society that litigation should be the absolute last resort,” Mantashe said.

“We must (rather) engage, have talks and sign agreements. To us this is commitment and we are going to do everything we can to stick to the agreement that we have signed.” - Sapa

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