Court to hear opposing sides to 'boer' song

Published Mar 26, 2010

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A Delmas businessman is expected to apply to the Johannesburg High Court for the slogan "dubula ibhunu (shoot the boer)" to be declared unconstitutional and unlawful.

The slogan forms part of a song which has recently been sung by ANC Youth League President Julius Malema at various events.

Willem Harmse is expected to file papers with the court this morning, but his application is expected to be opposed by a law student and a businessman, Mahomed Vawda, who is set to argue that the slogan figuratively meant "kill apartheid".

Both Harmse and Vawda are members of the Society for the Protection of our Constitution.

In legal documents, Vawda stated he was going to display a banner with the slogan during a peaceful march against the high rate of crime in Gauteng and Mpumalanga on April 9.

In his application, Vawda argued that it was necessary to remind South African youth of the bitter consequences of apartheid and the chanting of the slogan was therefore important.

But, Harmse argues that the slogan was discriminatory towards white people, provoked hostility and was inciteful.

Malema has come under increasing pressure to desist with singing the anti-apartheid struggle song.

Yesterday, the SA Human Rights Commission received 351 new complaints about Malema over his singing of the song. About 30 members of the DA went to the SAHRC offices in Parktown, Joburg, to lodge the complaints.

Yesterday's action brought the number of complaints lodged against Malema at the commission to 464.

The names of 351 farmers were gathered by the DA in the North West.

"The people who are working in the agriculture sector and identify with the term 'boere' are not really interested in politics, so to get such an emotional reaction from them is very irregular," said DA provincial director Leandi Erasmus.

"We were contacted by lots of farmers concerned for their farms and their families ... We decided the SAHRC would be the best way to go. The number of complaints just expanded and expanded," said Erasmus.

"We are a largely agricultural province ... The attacks against farmers are a threat against the well-being of our province and of the country," she said.

The complaints state: "Mr Malema stated that 'boere' should be 'shot' as they are 'rapists'. A statement like that of Mr Malema endangers my personal safety, incites violence against me on the basis of my race and profession.

"Furthermore it states that I am a rapist. I have never in my life been accused of rape, nor found guilty of this offence ... If comments like that of Mr Malema are allowed, I am no longer free to practice my profession of farming as that endangers my personal safety."

SAHRC spokesman Vincent Moaga said the complaints against Malema were the highest they have received in recent years.

Moaga said the commission was concerned about the statements that have been made and assured the public that they would deal with the complaints, but needed to be afforded enough time to do so.

The ANC has defended Malema's singing of the song, with secretary-general Gwede Mantashe saying it was part of the Struggle history that should not be erased.

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