AfriForum heads back to court to appeal Equality Court’s finding that ‘Kill the Boer’ is not hate speech

EFF President Julius Malema addresses the party supporters during its 10th-anniversary celebration at FNB stadium. Picture Oupa Mokoena / African News Agency (ANA)

EFF President Julius Malema addresses the party supporters during its 10th-anniversary celebration at FNB stadium. Picture Oupa Mokoena / African News Agency (ANA)

Published Aug 1, 2023


The Supreme Court of Appeal in Bloemfontein will hear AfriForum's appeal against the Equality Court's finding that the ‘Kill the Boer’ chant is not hate speech on September 4, 2023.

AfriForum made this announcement following EFF leader Julius Malema, chanting the song during the EFF’s 10th-anniversary celebrations this past weekend to rousing applause from the more than 90 000 party supporters gathered at FNB Stadium.

The Equality Court judgment was handed down in August 2022 in the case of Dubul' iBhunu, which means "Shoot the Boer" or "Kill the Boer", involving Malema and MP Mbuyiseni Ndlozi, brought forward by AfriForum arguing that the song, which can be heard at many EFF rallies, incites violence and fuels farm murders.

The court found that the song did not constitute hate speech and found that AfriForum had failed to prove the matter.

Malema has since dared the DA and AfriForum to challenge him through the courts for singing the Struggle song over the weekend after the DA leader, John Steenhuisen, announced steps against Malema.

Kallie Kriel, AfriForum’s CEO said: “This appeal court case forms part of AfriForum’s strategy to oppose Malema’s racist and polarizing actions on three fronts, namely, through legal actions, the mobilisation of community safety structures and the promotion of mutual recognition and respect between cultural communities.”

As part of its legal strategy, AfriForum has appointed a prominent senior advocate and legal team to challenge Malema in the court of appeal. The organisation is prepared to approach the Constitutional Court as well.

“I believe AfriForum has a strong case against Malema, but should the South African courts find that it is acceptable for Malema to sing songs that incite genocide against minorities, AfriForum will pursue the case internationally,” said Kriel.

AfriForum's second strategy involves mobilising local communities to oppose violence.

Kriel said: “Community safety structures played a key role in ensuring that the EFF’s shutdown attempt on March 20 this year failed miserably. AfriForum’s 168 neighbourhood watches and thousands of volunteers are ready to help, together with other security role players, within the framework of the law, to ensure that any future attempts by the EFF to cause nationwide disruption will be as big a failure for the EFF as March 20 was”.

As part of the organisation's third strategy, Malema's polarising actions will be neutralised so that AfriForum can accelerate its existing method of concluding agreements of mutual recognition, respect, and cooperation with various cultural groups.

“By ensuring that the majority of people’s grassroots pursuit of peace and tolerance is transformed into a cooperation network against polarizing actions, the polarisers – who are in the minority – will be isolated even further,” said Kriel.