Africa-Press – South-Africa. AfriForum believes a different court can find the song ‘Kill the Boer’ is hate speech, which is why the organisation has decided to appeal the Equality Court judgment, which found differently.
In August, the Equality Court in Johannesburg found that the song ‘Kill the Boer’ was not hate speech, as AfriForum claimed.
The song was often linked to the EFF, with the party’s leader, Julius Malema, singing it at gatherings.
The court case by AfriForum was targeted at the EFF’s use of the song, saying it was a direct attack on the farming community and posed a danger.
Judge Edwin Molahlehi said AfriForum had failed to prove that the song’s use was directly linked to harm and the spread of hatred.
He added that the song should be viewed in the political context that it was used.
Molahlehi said Malema’s use of the song demonstrated the EFF’s frustration with land reform and economic transformation.
The EFF had celebrated the judgment.
Court finds ‘Kill the Boer’ lyrics are not hate speech, AfriForum to appeal ruling
AfriForum filed an appeal application at the Johannesburg High Court on Thursday.
The organisation believes the judgment can be successfully overturned.
The arguments it makes in the application deal directly with the required link between the singing of the song and the possible harm it can impose.
AfriForum’s Ernst van Zyl said the court was wrong in requiring a causational link between the singing of the song and the harm posed to the farming community.
He said there did not need to be actual harm acted upon for a phrase, word or song to be considered hate speech.
“We believe the court erred when it said we had to prove a link between the singing of the song ‘Kill the Boer’ and farm attacks for it to be considered hate speech,” said Van Zyl.
“We also believe the dismissal of our experts by the court was wrong. We believe the court didn’t consider the impact that singing ‘Kill the Boer’ has on the farming community and the unique aspects of farm murders.
“In the bigger picture, we believe that a different court will find that this song can be considered hate speech because it is not whether the speech leads to action that can be regarded as hate speech, but the speech itself.”
AfriForum is determined to approach higher courts if the appeal application is dismissed, he said.
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