The singing of the liberation song Dubul ibhunu (Shoot the Boer) does not constitute hate speech or incite violence.
This is the judgement that was handed down on Thursday at the Equality Court, sitting at the Johannesburg High Court, in the hate speech case brought by lobby group AfriForum against Economic Freedom Fighters (EFF) leader Julius Malema and MP Mbuyiseni Ndlozi.
The lobby group argued that the song, which is sung at many EFF rallies, incites violence and fuels attacks on farmers. The lobby group wanted Malema and Ndlozi to apologise and pay R500 000 in damages.
Judge Edwin Molahleli said AfriForum’s witnesses in the case failed to provide evidence that the song constitutes hate speech and incites violence. Molahleli said the song is a form of freedom of expression and AfriForum failed to prove that it contravened the Equality Act.
“AfriForum failed to show that the lyrics of the song are based on any prohibited grounds in the Equality Act. It failed to show that the song promotes harm or leads to any violence. If I rule that the song constitutes hate speech, that will be curtailing of freedom of speech,” said Molahleli.
Molahleli dismissed the case against the EFF with costs.
In a statement released after the judgement, the EFF welcomed the ruling.
“The scathing judgement dismissed decisively the baseless case as concocted by self-proclaimed racist experts of AfriForum and was founded on hearsay. In a landmark judgement, 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,” the EFF said.
Source: Sowetan Live, IOL, Briefly, image from IOL: Oupa Mokoena/African News Agency (ANA)