Uproar as judge bars Shoot the Boer song

A Mail & Guardian Online report quotes Judge Colin Lamont, who said in his judgment: 'I find the words uttered by Malema constitute hate speech.' Malema was ordered to pay court costs. Malema (30) was not present in court. The case was brought to the South Gauteng High Court, sitting as the Equality Court, by AfriForum Youth, which claimed white farmers felt vulnerable because of the song Dubul' Ibhunu , (Shoot the Boer). In his judgment, Lamont said words were powerful weapons that could lead to disastrous actions and even genocide. Lamont likened the songs by Malema to those sung by soldiers when they were at war. Full Mail & Guardian Online report See also a Beeld report

Unfair discrimination remains rooted in certain structures of society but could never be justified, Lamont said, according to a report on the IoL site. He said racial discrimination of one group or community over another could not be justified. He made the point certain groups did not enjoy 'superior status' over others in a democracy. Since apartheid, transformation had been difficult for some in SA. 'Certain members (of the public) embrace the new society, others found it hard to adjust... it will continue for some time. There can be no transformation without pain,' he said. The court heard that the Constitution provided for equality, and the eradication of social and economic inequalities. SA had international obligations under the UN for peace and unity, including the elimination of all forms of racial discrimination, and discrimination against women. Lamont traced SA's history from the period before settlers started arriving, through the years of white minority dominance. He explained that the apartheid system left wounded memories to the survivors, and that democracy was a 'negotiated transition'. Certain aspects of the past may 'never be fully reversed' but reconciliation and national unity was meant to heal the divisions of the past, he said. Full report on the IoL site

One consequence of the judgment could be that a number of liberation songs may also be found to constitute hate speech - because they also contain the words Dubul' Ibhunu , or similar words, reasons a report in Business Day. It points out that in the judge's order, both the ANC and Malema were interdicted from singing the song and using the words. He did not limit his order to Malema or set out any circumstances under which it would be acceptable to sing the song. It was an outright ban. This, says the report, went far beyond what had been sought by AfriForum, which had only asked the court to prohibit Malema from singing the song and then only in certain circumstances. Business Day adds that even though only Malema and the ANC (as parties) could be strictly bound by the judgment, Lamont ordered that 'the morality of society dictates that persons should refrain from using the words (and) singing the song'. He reasoned that while the lyrics' primary and original meaning was 'destroy the regime', the literal translation - 'shoot the boer/white man' - was also a reasonable one. 'The words need no stretching to embrace both meanings,' he said. Full Business Day report Judgment: Afriforum & Another v J Malema, ANC & another

The ruling would be impossible to implement, according to ANC national executive committee member Jessie Duarte, who confirmed the party would appeal. According to a report in The Mercury, she said AfriForum was using the Equality Court to take the country back to the dark ages of censorship and undoing the nation-building process. 'What would they feel like if we criticised the very atrocious Voortrekker Monument... it is very derogatory to black South Africans. 'This song has its place in history; it has got to be respected as such.' The SA Communist Party, meanwhile, described the matter as having been brought by 'right-wing fanatics who are hell-bent to rewrite the history of our country and the struggle for liberation'. It said the ruling was not just against Malema but against the rich history of the liberation movement. The report notes trade union federation Cosatu described the judgment as 'discriminatory, harmful' and 'a gross insult to our history as a country'. It said the song had also never been directed at individual white South Africans, but 'a class of land barons who brutally exploited black workers and immensely benefited from their subjugation'. Full report in The Mercury (subscription needed)

The ANC said it was appalled by the ruling, notes a report on the News24 site. ANC spokesperson Jackson Mthembu said the party viewed the judgment as an attempt to rewrite the SA history, which is not desirable and unsustainable. 'This ruling flies against the need to accept our past and to preserve our heritage as an organisation and as a people. The ANC will carefully study the judgment and understand its full implications before releasing a much more comprehensive response. In the meantime we will respect the decision of the court while investigating options of dealing with this judgment,' the report quotes him as saying. 'Then we will explore every possibility to defend our history, our heritage and our traditions.' Full report on the News24 site

Opposition groups, however, welcomed the ruling as a positive step towards non-racialism and upholding the Constitution. The judgment is the first step to non-racism, the Afrikanerbond said. A report on the News24 site quotes secretary Jan Bosman as saying: 'This is a necessary first step to force Mr Julius Malema, in particular, but also other high profile politicians and public figures, to be responsible and careful in the use of certain words. The race-card, based on suspicion, hatred and lies, is now regularly played. The inevitable consequence is that the broad SA society is becoming more race-based and divided along racial lines.' Racism 'in whatever colour and whatever form' must be rejected, he said. The Afrikanerbond felt that Malema's various statements since 2009 divided SA and undermined constitutional values. He said hate speech comments were a threat to the safety of the public and to state security. Full report on the News24 site

The ANC and its youth must accept the judgment, farmers union TAU SA said. A report on the News24 site quotes its president Louis Meintjes who said: 'The time has come to stop fighting...and respect cultural groups and (different) races. The judgment... has vindicated TAU in its attempt to erase hate speech from SA society and contribute to put an end to violent victimisation of farmers and farm dwellers.' In light of the ruling, the TAU SA called on government to give attention to violent crimes perpetrated on farms and smallholdings. 'It is imperative that the scope of such crimes become visible,' said Meintjes. He asked government to consider the establishment of a dedicated unit to act against such criminals, and maintain a database of farm attacks, according to the report. Full report on the News24 site

The ruling party must remove Malema from his position, the Christian Democratic Party (CDP) said. A report in The Citizen quotes CDP leader Theunis Botha who said: '... Malema himself has proven over and over that he is not fit to play a positive role in the country's future. We trust that the ANC will now make haste in removing him from any leadership role.' Botha welcomed the court's finding. The last thing SA needed was hate speech in a polarised society, said Botha. COPE's Youth Movement viewed the ruling as a warning that politicians were not above the law. 'The ruling is not only a victory for those who felt threatened by Malema's harmful and discriminatory utterances, but a victory for the rule of law...and for the Constitution,' said spokesperson Marius Redelinghuys. Full report in The Citizen

Analysts said the case would not have serious political implications for Malema and could strengthen his support among the poor black majority who have seen little improvement in their economic fortunes after apartheid ended. 'Malema's die-hard supporters don't care about the courts and not much will change in the ANC. It makes no difference to those intent on disciplining him,' Prince Mashele, executive director of the Centre for Politics and Research, is quoted as saying in a report on the IoL site. Full report on the IoL site