Reaction to Malema 'Shoot the Boer' judgement

12 September 2011 - 15:11 By Times LIVE, Sapa
ANC Youth League president Julius Malema. File photo. Picture: LAUREN MULLIGAN
ANC Youth League president Julius Malema. File photo. Picture: LAUREN MULLIGAN

The court ruling that ANC Youth League president Julius Malema was guilty of hate speech is a "gross insult" to the country's past, Cosatu said.

It said Malema's singing of "dubhula ibhunu" (shoot the boer), like many other liberation songs, was never intended literally.

It was rather a symbol of the black majority's anger and frustration.

"The judgment that the song is 'discriminatory' and 'harmful' is a gross insult to our history as a country," the Congress of SA Trade Unions (Cosatu) said in a statement.

It said the song was never directed at individual white South Africans, but rather at a class of land barons who "brutally exploited" black workers.

SACP blames ‘fanatics’ after Malema ruling

ANC Youth League president Julius Malema had been taken to court by rightwing fanatics hellbent on re-writing the country's past, the SA Communist Party said on Monday.

It was regrettable that Malema had been found guilty of hate speech by the Equality Court on Monday for singing "dubhula ibhunu" (shoot the boer), said spokesman Malesela Maleka.

Numsa decries Malema ruling

Courts should not be used as vehicles to re-write the country's apartheid history, the National Union of Metalworkers of SA (Numsa)

Songs played an important role in remembering the anti-apartheid struggle, it said in reaction to a court ruling that ANC Youth League leader Julius Malema was guilty of hate speech.

"We are firmly of the view that organs of class rule, the courts, should not be used to re-write our history of struggles and liberation against the repressive regime," said Numsa spokesman Castro Ngobese.

Earlier on Monday, the High Court in Johannesburg ruled Malema's singing of the song "dubhula ibhunu" (shoot the boer) amounted to hate speech.

Ngobese said: "There are no blank pages in history. Struggle songs are our collective memory."

While Numsa would only comment further after studying the judgment, it reserved the right to pursue a political and legal approach in response.

"We believe there is deep hatred and irritations in some sections of our society towards ANCYL president Julius Malema, and the song 'dubhula ibhunu' should not be confused with that," Ngobese said.

"People should contest the ideological outlook or posture of the ANCYL president and leave our struggle songs alone."

AFRIFORUM OVERJOYED

AfriForum welcomed the news that the controversial song “Shoot the Boer” was declared as hate speech.

“AfriForum is overjoyed by the ruling. It sends a clear message to Malema that he isn’t above the law and that he can’t sow divisions wherever he goes,” CEO of AfriForum, Kallie Kriel, said.

In his ruling, Judge Colin Lamont said the song undermines human rights and is harmful and discriminating. He found that no justification exists for singing the song.

By the time that Malema visited Zimbabwe in April 2010, he had sown divisions and polarisation in South Africa, Judge Lamont said. He continued that this polarisation exists even today.

Lamont furthermore ordered that Malema must pay all legal costs.

“The meaning of the words is such a big infringement on the human rights of the target group, namely white Afrikaners, that it justifies the costs that Malema must pay. The song will never again be seen as innocuous.”

According to Kriel, the ruling is much more than a victory for AfriForum over Malema.

“It is in principle a victory of mutual recognition and respect between communities about the culture of disrespect and polarisation that is propagated by Malema.

“Should Malema appeal, AfriForum’s legal team is ready to continue the battle. We’ve already won two court cases against Malema and is prepared to do it again,” Kriel added.

ANCYL

The ANC Youth League notes the Equality Court judgment delivered by Judge Collins Lamont at the Johannesburg High Court on the 12th of September 2011.

The ANC Youth League will study the judgment and consult with the ANC and other fraternal organisations because the songs banned by the judgment are songs of the ANC-led National Liberation Movement.

Because we are studying the judgment and consulting with the leadership of the ANC and fraternal organisations, we will not take media enquiries concerning the details of the judgment of the Equality Court.

REMOVE MALEMA FROM ANCYL POSITION: CDP

The ruling party must remove ANC Youth League leader Julius Malema from his position, the Christian Democratic Party said on Monday.

"... Malema himself has proven over and over that he is not fit to play a positive role in the country's future," CDP leader Theunis Botha said in a statement.

"We trust that the African National Congress will now make haste in removing him from any leadership role."

Botha welcomed a finding in the High Court in Johannesburg earlier in the day that Malema's singing of the "dubhula ibhunu" (shoot the boer) song amounted to hate speech.

The last thing South Africa needed was hate speech in a polarised society, said Botha.

The ANC should share some of the blame as the party "went full out" to support Malema in this case.

"[We] trust that the ANC will not only abide by the ruling itself, but also by the spirit of it by not appealing, or simply switching to yet another song with the same message..."

The Afrikanerbond said the judgment was the first step to non-racism.

"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," said secretary Jan Bosman in a statement.

"The race-card...is now regularly played. The inevitable consequence is that the broad South African society is becoming more race-based and divided."

Racism "in whatever colour and whatever form" must be rejected.

Bosman said Malema's statements since 2009 divided South Africa and undermined Constitutional values.

Hate speech comments were a threat to the safety of the public and to state security.

The next step was for the Human Rights Commission to evaluate and assess Malema's pronouncements within the Bill of Rights context, said Bosman said.

The Congress of the People 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 spokesman Marius Redelinghuys.

"It is also a wake-up call to political figures who believe they are entitled to trample on the dignity of South African citizens by virtue of office or political affiliation."

Redelinghuys said Malema's racial utterances showed the failure of the ANC to effectively address the social divide in South Africa.

Farmer union TAU SA said the ANC and its youth should accept the judgment.

"The time has come to stop fighting... and respect cultural groups and [different] races," its president Louis Meintjes said in a statement.

"The judgment... has vindicated TAU in its attempt to erase hate speech from South African 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 small-holdings.

He asked government to consider setting up a dedicated unit to act against such criminals, and maintain a data base of farm attacks.

RULING IS A FIRST STEP: AFRIKANERBOND

The hate speech judgment against ANC Youth League leader Julius Malema is the first step to non-racism, the Afrikanerbond said on Monday.

"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," said secretary Jan Bosman in a statement.

"The race-card, based on suspicion, hatred and lies, is now regularly played. The inevitable consequence is that the broad South African 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 South Africa and undermined constitutional values.

He said hate speech comments were a threat to the safety of the public and to state security.

It welcomed the finding in the High Court in Johannesburg that Malema's singing of the "dubhula ibhunu" (shoot the boer) song amounted to hate speech.

Bosman said the next step was for the Human Rights Commission to evaluate and assess Malema's pronouncements within the Bill of Rights context, said Bosman.

He claimed a total of 510 hate speech complaints, including the singing of "shoot the boer", were lodged with the commission against Malema.

"Our information is that the National Prosecuting Authority's provincial heads... have given the necessary permission for an investigative hearing by the HRC in which Mr Malema will be subpoenaed to testify."

The Afrikanerbond had met the commission and Malema's legal representatives to discuss the process for an investigative hearing.

"The date of the... hearing was not yet determined at the time of the meeting but it seemed as if the date was based in anticipation on the ruling of the High Court," said Bosman.

The Congress of the People 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 spokesman Marius Redelinghuys in a statement.

"It is also a wake-up call to political figures who believe they are entitled to trample on the dignity of South African citizens by virtue of office or political affiliation."

Redelinghuys said Malema's racial utterances showed the failure of the ruling African National Congress to effectively address the social divide in South Africa.

Farmer Union TAU SA said the ANC and its youth should accept the judgment.

"The time has come to stop fighting... and respect cultural groups and [different] races," its president Louis Meintjes said in a statement.

"The judgment... has vindicated TAU in its attempt to erase hate speech from South African 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 small-holdings.

"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 data base of farm attacks.

MALEMA RULING A WARNING: COPEYM

Monday's hate speech judgment against ANC Youth League president Julius Malema was a warning that politicians were not above the law, the Congress of the People Youth Movement said.

"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 spokesman Marius Redelinghuys in a statement.

"It is also a wake-up call to political figures who believe they are entitled to trample on the dignity of South African citizens by virtue of office or political affiliation."

It welcomed the finding in the High Court in Johannesburg that Malema's singing the "dubhula ibhunu" (shoot the boer) song amounted to hate speech.

Redelinghuys said Malema's racial utterances showed the failure of the ruling African National Congress to effectively address the social divide in South Africa.

Farmer Union TAU SA said the ANC and its youth should accept the judgment.

"The time has come to stop fighting...and respect cultural groups and [different] races," its president Louis Meintjes said in a statement.

"The judgment... has vindicated TAU in its attempt to erase hate speech from South African 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 small-holdings.

"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 data base of farm attacks.

ACCEPT HATE SPEECH RULING, UNION TELLS ANC

The ANC and its youth must accept a judgment that the "dubhula ibhunu", (shoot the boer) song amounted to hate speech, farmer union TAU SA said on Monday.

"The time has come to stop fighting...and respect cultural groups and [different] races," its president Louis Meintjes said in a statement.

"The judgment... has vindicated TAU in its attempt to erase hate speech from South African society and contribute to put an end to violent victimisation of farmers and farm dwellers."

ANC Youth League leader Julius Malema was earlier in the day found guilty of hate speech in the High Court in Johannesburg for singing the "shoot the boer song".

Judge Collin Lamont ruled that it undermined the dignity of certain people, and was hurtful, discriminatory and harmful.

In light of the ruling, the TAU SA called on government to give attention to violent crimes perpetrated on farms and small-holdings.

"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 data base of farm attacks.

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