Heavies lined up to defend Malema

Deputy Science and Technology Minister Derek Hanekom has already started testifying as the white Afrikaner who has never felt threatened by the words of any struggle song during his long career in the ANC (see report below). According to a City Press report, he will be joined by ANC secretary-general Gwede Mantashe, Minister in the Presidency Collins Chabane and Freedom Park founder Wally Serote. Chabane, who apart from his job in the Presidency is also a musician who recorded the contentious song, Dubu' ibhunu (shoot the boer) in 2000, will be deployed in court as a man of stature who not only sang but also recorded the song made notorious by Malema. He will explain liberation songs to the court, noting for example that struggle-song lyrics referring to destruction, death or harm, were directed at the system of white racist supremacy and not individual South Africans. Serote - revered struggle poet, custodian of struggle history and recently retired chief executive of Freedom Park - will add scholarship and dignitas to the ANC's strategy to defend Malema, emphasising the importance of struggle songs as part of the struggle's history and heritage. Mantashe will bluntly provide the ANC's position, telling the court that the AfriForum's literal and contextual interpretation of the song was 'wholly unreasonable' and 'entirely bereft' of the context in which the song has traditionally and historically been sung. Full City Press report

The mounting costs of Malema's have been dismissed by the ANC as unimportant when set against defending the party's heritage. This was made clear by ANC spokesperson Jackson Mthembu, who responded to a Sunday Times report about the costs of the trial, saying: 'We will defend our heritage and history at all costs. Money doesn't matter. We cannot allow our history to be erased. This is not a Julius Malema song (shoot the boer). This is a song of the ANC. This is about principle. Our children will spit on our graves if we don't fight for our heritage.' The report points out that fees for the heavyweight legal team representing Malema and the ANC are estimated to amount to over R800 000 for the 10-day hearing in the Equality Court. Leslie Mkhabela, attorney for Malema and the ANC, confirmed that a lawyer with his experience could charge between R2 000 and R3 000 an hour. And senior advocates of the stature of Vincent Maleka SC, who is acting for the Youth League president and the ANC, charge between R25 000 and R35 000 a day, excluding consulting fees of around R2 500 an hour. The five-member legal team also includes two junior advocates, whose fees are R18 000 each a day. Full Sunday Times report

The trial itself took an unusual turn on Friday when a witness refused to testify, saying he was 'was too afraid'. Transvaal Agricultural Union of SA (TAU SA) counsel Roelof du Plessis told Judge Collin Lamont that his witness, who was the victim of a farm attack, had decided not to come forward out of fear for his life, notes a report on the IoL site. 'The witness expressed sincere discomfort and apprehension. He has also raised concerns over his family, and for that reason will not testify,' Du Plessis told the court. Lamont advised Du Plessis that his witness 'need have no fear' as far as safety and security within the court was concerned. Du Plessis said the witness was not just talking about court, but that his concerns also lay 'outside this court'. Full report on the IoL site

Another witness - Hanekom - suggested a national dialogue to resolved the matter. 'If it offends certain people, I strongly believe we should engage one another,' Hanekom told the court during a heated cross examination by AfriForum's lawyer Martin Brassey, notes a report on the News24 site. Hanekom said singing of the song was not a reference to an ethnic group, but to a system of racial oppression. He told the court it would be helpful if the people who felt hurt by the song understood it. Hanekom said there was no intention to harm or incite violence when the song was sung. In his experience in the ANC, which he joined in 1980, it was never the party's intention to 'exclude anybody', Hanekom testified. The ANC's main objective was to bring about a non-racial, non-sexist and united society, he said. During the struggle, liberation songs were 'just that'. Today, he said, the singing of liberation songs was a celebration of 'who we are'. They represented 'every part of our history', 'and the fact we've brought to an end an unjust system'. Hanekom added in cross examination that the ANC had the powers to 'instruct any of us'. He was replying to a question by Brassey, who asked if the ANC could stop Malema from singing the song. Full report on the News24 site

Outside court, Malema said the media was the ANC's main opposition. 'The main opposition of the ANC is the media... do not feed the opposition,' he said to cheers, repeating comments made by ANC secretary general Gwede Mantashe earlier in the week. He urged them not to give the media 'negative material', says a report on the IoL site. 'You don't have to explain to anyone why you are here.' He told them the trial was about 'burning' the struggle song, before thanking Hanekom for his testimony. 'We are here to defend a revolutionary song,' Malema said before singing 'shoot to kill, kill our, shoot to kill, kill our... kiss the boer, the farmer, kiss the boer, the farmer.' He then mimicked the sound of a machine gun while making the sign of a gun with his hand and concluded with the word 'attention', at which the crowd cheered. Full report on the IoL site

Attempts are being made to intimidate an advocate involved the case, according to a report in the Cape Times. Late-night warnings by phone, slashed car tyres, computer sabotage, attempts to force their cars off the road and sinister burglaries are among the threats a Pretoria advocate and his family have faced since he became involved in the case. However, Roelof du Plessis SC says he will not be deterred. Du Plessis is acting for the Transvaal Agriculture Union. The advocate, who has not reported the cases because of his lack of faith in the police, has upped his family's security and hired guards. Full Cape Times report (subscription needed)