THE Equality Court case brought by AfriForum against EFF leader Julius Malema and party MP Mbuyiseni Ndlozi over the Struggle song Dubul’ibhunu (Shoot the boer) started on Monday.
The court, sitting at the South Gauteng High Court, is hearing AfriForum’s complaint until Friday, that the song constitutes hate speech.
The matter emanates from EFF members singing Dubul’ibhunu outside the Senekal Magistrate’s Court in 2020 during the bail hearing of the men accused of murdering Free State farm manager Brendin Horner.
According to AfriForum, Ndlozi also made inflammatory statements that amount to incitement of arson.
The organisation accused Malema of being present at the event when he was already bound by a court ruling against the singing of the Struggle song.
During his time as ANC Youth League president in 2011, Malema was found guilty of hate speech for singing Dubul’ibhunu, and the Supreme Court of Appeal ordered that the EFF leader stop singing similar songs and also discourage his supporters.
“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,” said Ernst Roets, AfriForum’s head of policy and action.
“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,” he added.
The court played recordings of the event addressed by Malema and Ndlozi, at which they sing the Struggle song.
POLITICAL BUREAU