Judge Molahlehi was giving judgment in a matter brought by Afriforum against the EFF and its leader Julius Malema. It comes after supporters of the EFF chanted the slogan outside the Magistrate’s Court in Senekal in October 2020 where those accused of murdering farm manager Brendin Horner were appearing.
In 2011, Malema was found guilty of “hate speech” by Johannesburg High Court Judge Colin Lamont (sitting as an Equality Court) who ruled that “the morality of society dictates” that he and others should not use the words, nor sing the song.
Malema appealed to the Supreme Court of Appeal, but the matter was withdrawn after the parties agreed to mediate.
Read the judgment
However, Afriforum, in the case before Judge Molahlehi argued that Malema was still duty bound not to sing the song and to discourage his supporters from doing so because it incited racial hatred, in particular against farmers, who were under siege in constant farm attacks.
Afriforum wanted Judge Molahlehi to issue another interdict against Malema and the party, order the EFF to apologise, pay R50,000 to an appropriate organisation and refer the matter to the National Director of Public Prosecutions to investigate whether Malema, or other office bearers, should be criminally charged.
But Judge Molahlehi dismissed the application and ordered Afriforum to pay the EFF’s costs.
The judge said none of Afriforum’s witnesses, including Ernst Roets, its head of policy and action, had laid a proper basis for their complaints. None were “experts” and in the case of Roets, he was “not neutral or independent”.
Two survivors of farm attacks who gave evidence on behalf of Afriforum, had also provided no link to the singing of the song and what happened to them.
One had been attacked in 2008. The EFF was only formed in 2013. “In this context, the question is how the singing of the song (by the EFF), could have triggered the attack,” the judge said.
www.groundup.org.za
Sign up with Google