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Sat Nov 01 05:21:41 SAST 2014

'Shoot the boer' decision a blow to the ANC

Sapa | 17 May, 2011 12:430 Comments
ANCYL president Julius Malema on the campaign trail. File picture.
Image by: HALDEN KROG

A ruling by a High Court judge that the lyrics "dubula ibhunu" (shoot the boer) is prima facie incitement to murder, was born from various farm attacks, and has dealt a major blow to the ANC, organisations says.

"[Court] findings [are] that the song not only constitutes hate speech, but that it serves as incitement to commit murder. This is borne out by the fact that various farm attacks have taken place..." said Christian Democratic Party (CDP) leader Reverend Theunis Botha.

"We find it hard to even imagine another country... a party participating

in an election, so strongly canvassing for the right to continue singing such a song," Botha said.

The National Association for the Advancement of Affected People (NAACAP), said that while many "ANC followers were disappointed" at the outcome, the public affected by "these irresponsible slogans" celebrated at large.

"It is time to move on, 17 years of democracy, surely the struggle is no longer against white-supremacy and apartheid," NAACAP said in a statement.

"The struggle is now against the untouchables -- those incompetent, lazy, power-crazy, corrupt government officials and politicians who are failing to deliver to the masses and are too arrogant and ignorant to realise that they can't fool all the people all the time."

Acting Judge Leon Halgryn made the ruling on Monday in the High Court in Johannesburg, leaving the ANC "extremely disappointed and puzzled".

In his order, Halgryn said: "... the publication and chanting of the words 'dubula ibhunu', prima facie satisfies the crime of incitement to murder".

This was an amendment to his original order that only contained the word "incitement" and formed part of a judgment which dismissed an attempt by the ANC to intervene in the matter and appeal his order.

The ANC said it would now take the matter to a higher court.

"We are perturbed and shocked by the acting judge's decision, as we believe that he appears to have misunderstood the nature of the relief which was sought by the ANC," it said in a statement.

The judgment is separate to the ongoing Equality Court hate speech case by AfriForum against ANC Youth League (ANCYL) president Julius Malema after he sang the words several times last year.

It relates to two members of the Society for the Protection of the Constitution where one member, Mahomed Vawda, planned to use the words at an anti-crime march in Mpumalanga last year.

Another member, farmer Willem Harmse, objected contending that the words meant "shoot the white man" or "shoot the boer" and that they would cause him injury. Harmse wanted an order granted against Vawda using the words.

The case was originally a low-key application between the two men, and of which the ANC was not aware.

Eventually, Harmse and Vawda settled.

Halgryn granted their settlement order that: the utterance or publication of the words "dubula ibhuna" was unconstitutional and unlawful and that translated, the words meant "shoot the boer/white man".

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'Shoot the boer' decision a blow to the ANC

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