‘We will continue to sing our songs’: EFF hails ruling to dismiss AfriForum’s appeal bid over ‘kill the boer’

The EFF has welcomed the Constitutional Court ruling to dismiss AfriForum's application for leave to appeal previous rulings that found EFF leader Julius Malema singing struggle song “kill the boer” is not hate speech.

The Constitutional Court's ruling on Thursday said AfriForum's application “bears no reasonable prospects of success” and therefore “leave to appeal is refused”.

The EFF celebrated its victory against AfriForum's “baseless and reactionary attempts” to silence the party.

“This case was a frivolous and cynical attempt to weaponise the legal system to distort history and silence black resistance,” said spokesperson Sinawo Thambo.

“AfriForum has repeatedly pushed the false narrative of white victimhood in a country where black people continue to suffer the legacy of land dispossession, economic exclusion and systemic oppression at the hands of white minority rule. Their efforts to criminalise a liberation song, one deeply rooted in the fight against the brutal regime that oppressed black people for decades, are part of their broader project to rewrite history, erase their own crimes and paint themselves as victims.”

The EFF asserted the party would not be intimidated or silenced, saying they would continue to sing struggle songs.

“The liberation struggle belongs to us, and no court, no lobby group and no reactionary force will ever erase our history or dictate how we remember our struggle. AfriForum must accept  South Africa is no longer their playground of privilege. We will continue to sing our songs, remember our struggle and fight for total economic liberation.”

The court's decision comes after a long-standing battle between AfriForum and the EFF, with AfriForum arguing t the chant constitutes hate speech and should be prohibited.

However, the courts have consistently ruled in favour of the EFF. In 2022, the Equality Court dismissed AfriForum's case, stating Dubul' iBhunu (“Kill the Boer”) is not hate speech but rather part of the historical struggle for liberation. The Supreme Court of Appeal also rejected AfriForum's appeal in 2023.

AfriForum CEO Kallie Kriel has condemned the ruling, saying “something unthinkable” has happened.

“We do not accept the decision calmly, and we will not resign ourselves to it because we have self-respect. We also refuse to accept our children must hear  they can be murdered, and that society approves of it. We will continue to fight this, also internationally,” Kriel said.

He argued that with the end of apartheid in 1994, the human rights of all South Africans, including Afrikaners, should be protected.

“After this shocking court ruling, we see this is no longer the case. We are seeing an increasing radical implementation of the Constitution. We see an increase in ideologically driven judges. However, we are not going to become discouraged. We take clear notice of this. We also take notice that President Cyril Ramaphosa and the government do not want to condemn the statements about ‘kill the boer’.”

Kriel said AfriForum would continue to expand its neighbourhood and farm watches to ensure a safe future for its communities.

“We are doing this so we can ensure there is a safe future for us, our communities and our descendants. If the authorities do not want to protect us, we will continue to protect ourselves.”

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