Malema singing is a crime
May 5, 2010 12:32 PM | By Sapa
Trade union Solidarity said that the singing of the lyrics "shoot the boer" by ANC Youth League president Julius Malema could amount to incitement to murder.
“The singing of “Dubul’ ibhunu” (shoot the boer) by Julius Malema... could be tantamount to incitement to murder,” the union said in a statement.
Solidarity said its view came as a result of an investigation conducted by its research institute.
“Malema’s singing of the song is not directed at a specific individual, but he could still be charged with incitement to murder,” said Solidarity Research Institute (SRI) head Johan Kruger.
“The SRI maintains that even if a murder is not committed, a person can still be found guilty of incitement to murder. If a murder is committed, the issue of complicity in murder comes up,” read the statement.
Kruger cited a 1960 Court of Appeal case in Bloemfontein as a precedent.
“[The court] found a person guilty of incitement to commit an offence, although the inciting words were not directed at a specific person. The same argument can be put forward in Malema’s case,” said Kruger.
He added that Solidarity’s views were backed by criminal law professor CR Snyman.
Kruger said that even if the state elected not to prosecute Malema, he could still be the target of civil suits.
http://www.timeslive.co.za/local/article434450.ece/Malema-singing-is-a-crime