Johannesburg – Jubilant EFF leaders broke into song in court, singing “kiss the boer, kiss the farmer”, after the Equality Court dismissed AfriForum’s case that the Struggle song Dubul’ bhuna constitutes hate speech.
The court ordered AfriForum to pay costs.
Inside court, EFF deputy secretary general Poppy Mailola and other EFF member broke into song in the face of AfriForum leaders who were also still present in court after Judge Edwin Molahlehi handed down the ruling at the Equality Court sitting at the Johannesburg High Court.
♦️Must Watch♦️— Economic Freedom Fighters (@EFFSouthAfrica) August 25, 2022
The court has ruled that declaring the song Dubula Ibhunu as hate speech would curtail freedom of expression. Therefore, the court dismissed that the song constitutes hate speech and that Afriforum must pay the costs #EFFBeatsAfriforum pic.twitter.com/41Kkeudwiq
Outside court, hundreds of EFF members were in buoyant mood singing the song “kiss the boer, kill the boer”.
HAPPENING NOW:— Conscious Caracal 🇿🇦 (@ConCaracal) August 25, 2022
EFF supporters chanting "Kill the boer, the farmer!" outside the South Gauteng High Court, Johannesburg. pic.twitter.com/FB2mkN4Cdx
AfriForum has expressed an intention to appeal the ruling.
The EFF meanwhile, have welcomed the judgment handed down on Thursday.
“The court reaffirmed the submission by the CIC Julius Malema, that liberation songs should not be interpreted literally, but recognised as a critique of a system of oppression.”
“The court ruled today, that AfriForum failed to show that the lyrics of the song contravene the Equality Act or demonstrate a clear intention to harm or incitement.
“Furthermore, the court ruled that the song must be protected under the rubric of free speech, and debate around the song must be left to the political contestation within society,” said EFF spokesperson Sinawo Thambo.
Afriforum has said that they will urgently approach their legal team to discuss the appeal of this ruling.
Ernst Roets, Head of Policy and Action at AfriForum, said that this ruling creates a very dangerous precedent.
“AfriForum works constantly with the victims of farm attacks, as well as the families of those killed in these gruesome crimes. We understand the pain and trauma these victims and survivors have to live with. We are therefore deeply disappointed with today’s verdict. There is no place in society for songs that encourage the killing of people based on their identity.
“Today’s ruling proved how the political order in South Africa is becoming radicalised, especially against minorities. A political order where the incitement and romanticisation of violence against minorities is sanctioned by the judiciary is not a free, democratic order, but an oppressive order. This case once again confirms that AfriForum must now focus its attention on strengthening and intensifying our safety structures and security training,” said Roets.