This one's a song not worth singing

Sunday Times Editorial : For as long as it stands, all South Africans need to respect the judgment of the Johannesburg High Court banning the words "dubul' ibhunu" (shoot the boer) from ANC celebrations.

It was a contentious ruling not backed by reasons from the judge.

But neither citizens nor their leaders can cherry-pick the decisions they like and ignore those that displease them. Our courts have the authority to make these rulings exactly because society is so divided on many issues and needs an independent arbiter.

That does not mean, however, that we cannot express disquiet about the precedent that such a constraint on freedom of speech introduces. Our constitution guarantees the right to freedom of expression because it is a fundamental pillar of a democracy based upon the will of the people. The constitution does allow for limitations, but they must be applied as sparingly as possible.

The songs at issue do form an important part of the struggle heritage that helped to make this country. Even those whose unilateral authority was displaced by the transition in 1994 need to acknowledge that.

Equally, while these songs can't be expunged from our history, they belong mainly in our archives and other repositories of historical knowledge and symbolism such as the Apartheid Museum, Freedom Park and the Voortrekker Monument.

There is evidence across our society that the spirit of reconciliation that characterised the transfer of power is wearing thin in a country still divided by one of the world's widest wealth gaps. Leaders as senior as President Jacob Zuma and as junior as ANC Youth League leader Julius Malema need to acknowledge that the unity of this nation is critical to its democratic success and should not negligently be put at risk.

The South African Human Rights Commission ruled in 2003 that the song "Kill the Boer, Kill the Farmer" amounted to hate speech in the context of a post-apartheid society committed to reconciliation.

To actually ban the phrase "shoot the boer" may be an excessive reaction to its injudicious use, but it is fair to expect Malema and others, including Zuma and ANC secretary-general Gwede Mantashe, to resist using it and to discourage others from keeping it current.

In as much as we celebrate the centrality of freedom of expression in our constitution, we do need to exercise our freedoms with due care and responsibility. If we fail to do this we can only undo that which we have worked so hard to build - a young nation which is committed to protecting and celebrating the diversity of its people's cultures.

Because free speech is so important to us, the court's decision needs to be tested. But the ANC and its leaders could make a worthy contribution by acknowledging the history of these songs and agreeing at the same time to put them into safe storage.