Racism controversies, hate speech convictions, and legal issues[edit]
March 2010 hate speech conviction[edit]
On 15 March 2010, Malema was convicted of hate speech by the Equality Court of South Africa, fined R50 000 and ordered to apologise unconditionally,[6][7][8] following a 2009 incident when he told a group of Cape Town students at a South African Students' Congress (SASCO) meeting that the woman who accused President Zuma of rape had a "nice time" with him because in the morning she had "requested breakfast and taxi money".[124]
"Shoot the Boer" song[edit]
In March 2010, at a rally on a university campus Malema sang the lyrics "shoot the Boer" (Dubul' ibhunu[125]) from the anti-apartheid song "Ayasab' amagwala" (The cowards are scared)[102] ("Boer" is the Afrikaans word for "farmer", but is also used as a term for any Afrikaans-speaking white person.[126]) His singing was compared to similar chants by deceased Youth League leader Peter Mokaba in the early 1990s, to "kill the Boer",[102] which had previously been defined as hate speech by the South African Human Rights Commission.[127] Malema's singing of the song led to a barrage of complaints against him, both to the police, and to the commission.[127][128] The ANC said "We wouldn't appreciate any statements against any member of our society, including whites... they are also South Africans", however, it "had not taken a decision in the matter".[129]
The South Gauteng High Court ruled on 26 March 2010 that the song (which Malema had continued singing at public gatherings)[130] was "unconstitutional and unlawful", and that any person singing it could face charges of incitement to murder, stating that the song called for the killing of the "farmer/white man"; however the ANC defended the song.[131] The ANC announced it would appeal the ruling.[citation needed]
On 1 April 2010, the North Gauteng High Court granted an interdict preventing Malema from publicly uttering the words of this or any other song which could be considered to be "instigating violence, distrust and/or hatred between black and white citizens in the Republic of South Africa" until the matter was heard by the Equality Court, to which the case was referred by the presiding judge.[132][133]
In the aftermath of Eugène Terre'Blanche's April 2010 murder, senior leaders of the ANC temporarily banned the singing of the song, amid concerns that struggle songs were being used to "scapegoat" the ANC and to further racial hatred, and because of concerns that ANC leaders who continued singing the songs may have been in contempt of the court orders banning the singing of the song.[citation needed]
President Zuma, at a 10 April 2010 news conference, said Malema was "totally out of order" for ignoring ANC instructions to obey the court order banning the singing of the song. Zuma emphasised the rule of law and that the constitutional role of the judiciary "as the final arbiter in disputes" had to be respected, and that defiance of the proper procedures in place to challenge judicial rulings, made a "mockery of the judicial system [which] should not be tolerated".[51][52]
Hate speech trial and conviction[edit]
In April 2011 Afriforum brought a case of hate speech against Malema in regard to the song and several notable ANC figures such as Winnie Madikizela-Mandela and secretary-general Gwede Mantashe supported him in the court battle. Aggressive and patronizing questioning of black witnesses by lawyers for the Afrikaner groups bringing the suit reportedly allowed Malema to portray himself as a victim of white persecution.[134]
On 12 September 2011, Malema was convicted of hate speech.[135]
December 2013 arrest[edit]
In December 2013, Malema was arrested for allegedly speeding 215 km/h in a 120 km/h zone in his BMW along the N1 near Vanderbijlpark, Gauteng.[136] He was released on R5,000 bail.[137]