Unfair discrimination remains rooted in certain structures of society but could never be justified, Judge Collin Lamont said while handing down judgment in the hate speech case against ANC Youth League leader Julius Malema.
Malema was not in court, even though his disciplinary hearing before the African National Congress was postponed to allow him to attend proceedings.
Lamont said in the high court in Johannesburg that racial discrimination of one group or community over another could not be justified. He said certain groups did not enjoy “superior status” over others in a democracy.
Since apartheid, transformation had been difficult for some in South Africa.
“Certain members (of the public) embrace the new society, others found it hard to adjust… it will continue for some time. There can be no transformation without pain,” he said.
The court heard that the Constitution provided for equality, and the eradication of social and economic inequalities.
South Africa had international obligations under the United Nations for peace and unity including the elimination of all forms of racial discrimination, and discrimination against women.
Lamont traced South Africa's history from the period before settlers started arriving in South Africa, through the years of white minority dominance.
Lamont described it as a case of “social conflict”.
He launched into a long explanation on the context, background and history of the struggle against apartheid.
He explained that the apartheid system left wounded memories to the survivors, and that democracy was a “negotiated transition”.
Certain aspects of the past may “never be fully reversed” but reconciliation and national unity was meant to heal the divisions of the past, he said.
The ANC consisted of the “suppressed majority” of apartheid.
Outside court, a small group had gathered to show their support for Malema. “We will follow Malema anywhere,” one of them said.
But, in contrast to the usual rousing singing and sea of supporters, the pavement was starkly empty.
A police officer said there had been no application for a gathering permit but they had prepared for a “spontaneous gathering”.
AfriForum Youth, which is part of the rights lobby group AfriForum, opened a civil case against Malema in the Equality Court after he sang the words “dubhula ibhunu”, which translate to “shoot the boer”, at a number of ANC Youth League gatherings last year.
AfriForum Youth believed the words were threatening to minorities, a threat to the safety of Afrikaners and farmers, and that the phrase was hate speech.
Malema and a host of ANC witnesses disagreed saying it was part of the party's history and should not be taken literally.
Malema and five other seniors in the league are also in the midst of an ANC disciplinary hearing over comments they had made that the party believed was bringing it into disrepute.
At the opening of the disciplinary hearing, groups claiming to be Malema supporters threw stones and bottles in the Johannesburg CBD and harassed media. - Sapa