Moffet Mofokeng
The ANC has lined up its top leaders to defend youth league president Julius Malema and the controversial song Ayesab’amagwala, which contains the lyrics “ dubul’ibhunu– shoot the boer”.
ANC secretary-general Gwede Mantashe is due to take the witness stand tomorrow to tell the Equality Court that the song was part of the Struggle heritage and that the lyrics “ dubul’ibhunu” do not constitute hate speech, nor were they intended to harm, or incite violence against, the Afrikaners.
Minister in the Presidency Collins Chabane, poet Mongane Wally Serote and Malema are due to testify after Mantashe.
“All of them cover different aspects of it, but the theme is consistent. It is not the song that is on trial, it is the lyrics ‘ dubul’ibhunu’.
“AfriForum says the lyrics constitute hate speech, are meant to incite violence to harm, hatred and resentment for Afrikaners,” said Leslie Mkhabela, Malema’s lawyer.
In his testimony in the Equality Court in Joburg on Friday, ANC national executive committee (NEC) member Derek Hanekom said the song was part of a “heritage of the Struggle” and was “not threatening”.
“Let’s encourage dialogue. There are things that we find offensive too which we might take up with them. We should enter into that discussion. If it (the song) is offensive, we better speak to each other to understand each other,” said Hanekom, who is also the Deputy Science and Technology Minister.
H
e said he had never felt threatened by the song.
“There was no intention to do harm or incite violence when the song was sung. It is not a threatening song,” Hanekom said.
Martin Brassey SC, who questioned Hanekom on behalf of AfriForum, argued that Malema’s view was that it was “his right to sing the song despite the offence it caused”.
He asked Hanekom whether the ANC would instruct Malema to stop singing the song pending the outcome of the discussion. “Don’t you think that would be the best outcome?” Brassey asked.
“It could be a good outcome,” Hanekom replied.
At some stage during the trial, Hanekom told a frustrated Brassey not to “roll your eyes” – as he had not done that to him. I never roll my eyes,” Hanekom said.
On Tuesday, Christiaan Bezuidenhout, a criminologist at the University of Pretoria, told the court that research had proved that music can influence “gullible” young people.
Chris van Zyl, the deputy chairman of the Transvaal Agricultural Union, one of the parties that took Malema to court, said he felt targeted by the song.
Although he is a retired army general, not a farmer, he was part of the Afrikaner community, which dominated the farming industry.
He said 2 633 farm attacks had occurred between 1990 and 2010 – in which 1 489 people had died.
Asked whether these statistics included farm workers, Van Zyl agreed they did.
Each day of the trial, Malema, who was accompanied by ANC NEC member Winnie Madikizela-Mandela and a bevy of ANCYL leaders, arrived at the South Gauteng High Court, where his trial is being held, surrounded by heavily armed bodyguards, prompting reporters covering the case to start asking questions.
The burly men – dressed in black suits and red ties – worked for Tactical Security Services, a Durban-based firm that provides VIP protection. The bodyguards marched into court carrying M14 high-calibre weapons, causing a stir along the way.
Legally the bodyguards should not have been allowed to walk into the court building with their weapons as this is prohibited.
The Firearms Control Act states that “no person may carry a firearm in a public place unless the firearm is carried… in a holder designed, manufactured, or adapted for the carrying of the firearm”.
On Wednesday, Judge Colin Lamont kicked them out of the courtroom. After each hearing, Malema urged the crowd outside court to behave “so the media does not have anything negative” to write about them.