The civil rights organisation AfriForum’s hate speech case against the leader of the EFF, Julius Malema, Mbuyiseni Ndlozi and the Economic Freedom Fighters (EFF) is on the roll at the South Gauteng High Court in Johannesburg from today until 18 February.
AfriForum lodged this complaint in October 2020 after supporters of the EFF sang “Kill the Boer, Kill the farmer”outside the Magistrate’s Court in Senekal where the accused murderers of farm manager Brendin Horner were tried.
On this occasion Ndlozi also made inflammatory statements that, in AfriForum’s statements, amount to the incitement of arson. The leader of the EFF, Malema, was added to this case because he was also present at this event and also because he is already bound by a court ruling in this regard.
Malema was found guilty of hate speech in 2011 for singing the chanting song Dubul’ibhunu (Shoot the Boer). In this case the Supreme Court of Appeals also issued an order in which Malema is prevented from singing similar songs and that he must discourage his supporters from singing such songs.
Ernst Roets, Head of Policy and Action at AfriForum and the author of the book Kill the Boer, testifies on behalf of AfriForum in this matter. “AfriForum lodges this complaint in terms of the Equality Act, but it is requested of the court, among other things, that the case also be referred for criminal prosecution. In AfriForum’s pleadings the organisation asks for an order that Malema, Ndlozi and the EFF have committed hate speech, that they must apologise publicly and that they must pay a fine to an organisation that strives to combat hate speech,” Roets says.
“AfriForum is an avid campaigner for freedom of speech but at the same time AfriForum’s position is that actual and clear cases of hate speech must be fought. This is a clear case of hate speech because it deals with a group that is targeted on the basis of identity and against whom violence is incited,” Roets concludes.