Judgment starts in 'Shoot the Boer' case

Judgment in ANC Youth League president Julius Malema's "Shoot the Boer" hate speech case began without him in the High Court in Johannesburg on Monday.

Judge Collin Lamont began by tracing South Africa's history from the period before settlers started arriving in South Africa, through the years of white minority dominance.

Lamont described it as a case of "social conflict".

He launched into a long explanation on the context, background and history of the struggle against apartheid.

"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," said Lamont.

Outside court, a small group had gathered to show their support for Malema. "We will follow Malema anywhere," one of them said.

But in contrast to the usual rousing singing and sea of supporters, the pavement was starkly empty.

A police officer said there had been no application for a gathering permit but they had prepared for a "spontaneous gathering".

AfriForum Youth, which is part of the lobby group AfriForum, opened a civil case against Malema in the Equality Court after he sang the words "dubhula ibhunu", which translate to "shoot the boer", at a number of ANCYL gatherings last year.

AfriForum Youth believed the words were threatening to minorities, a threat to the safety of Afrikaners and farmers, and that the phrase was hate speech.

Malema and a host of ANC witnesses disagreed, saying it was part of the party's history and should not be taken literally.

Malema and five other seniors in the league are also in the midst of a disciplinary hearing over comments they had made that the party believed was bringing it into disrepute.

At the opening of the disciplinary hearing, groups claiming to be Malema supporters threw stones and bottles in the Johannesburg CBD and harassed media.

The disciplinary was initially scheduled to continue on Monday but was postponed to allow Malema to attend the court ruling.