Several commentators from across the political spectrum have given their impressions about the so-called ‘struggle song’, ‘Kill the Boer – kill the farmer’. This is in reference to the EFF's 10th birthday celebration at the FNB Stadium, almost a month ago, on Saturday 29 July 2023, and the slogans that were repeatedly chanted at the event by 100,000 followers in the FNB Stadium and were most likely lapped up by thousands across the country who heard it.

As a starting point, it must be accepted that as a political leader, Malema has no control over his followers, especially not if criminal elements go on to exploit this to their advantage. A number of farm murders have occurred since the event, making international headlines, with Elon Musk posting about it on his twitter (X) timeline and calling it a 'genocide'.

While it may be premature to associate the farm murders with genocide, it is unquestionably so that farm murders in themselves are an unacceptable trend within the broader crime statistics in South Africa. Farm murders and attacks affect us all, despite being interpreted differently on different levels. Some Afrikaners indeed experience it as an ethnic cleansing.

Malema's explanation

Malema has repeatedly stated that the Boers in the song ‘Kill the Boer, kill the farmer’ is not a reference to individuals but to a system of oppression. A large number of journalists and politically correct individuals accepted the EFF's explanation unconditionally and have jumped on the bandwagon to defend the EFF's hate speech as freedom of speech. The resultant farm murders and attacks are therefore an illusion, according to them.

The courts have differed in their interpretation of section 16 of the Bill of Rights (Chapter 2) in the South African Constitution regarding the right of freedom of expression, and in particular what is meant by the exclusion of ‘16(2)(a) propaganda for war: (b) the incitement of urgent violence; or (c) the proclamation of hatred based on race, ethnicity, sexuality or religion and which constitutes incitement to cause harm.’ Hopefully, the Court of Appeal, which hears a case regarding the EFF’s ‘struggle song’ on 4 September 2023, will unequivocally decide that it is hate speech.

Malema's true intention versus his explanation

The song and Malema’s explanation of its intent must be read and understood within the context of Malema's statements over the last few years. As part of a speech in Newcastle on 7 November 2016, Malema said, ‘We are not calling for the slaughter of white people – at least not now.’

In a TRT World TV interview on 11 June 2018, he said, ‘I've never slapped a white person, I've never called for their slaughter. I've never called for their killing, at least for now. I can't guarantee the future.’

On 14 September 2019, Malema quoted Robert Mugabe on Twitter (X) by saying, ‘The only white man you can trust is a dead white man.’

On 17 February 2022, Malema reaffirmed his position by stating in court during a hate speech case that he may one day demand that white people be slaughtered.

Malema's explanation of the recent statements made at the FNB stadium may fool some, but they are far from innocent. Read together with his reiteration of Mugabe's position, the slogan ‘Kill the Boer, kill the Farmer’ forecasts impending doom. Any commentator who thinks differently about this or who tries to downplay it and mock it with a satirical interpretation, dismissing it as simple struggle semantics and right-wing propaganda, is naive.

There are still a number of issues concerning this debate that demand further attention.

Naming rights and condonation

While the public controversy rages on, the business community remains silent. The EFF’s rally of 29 July 2023 took place at the FNB Stadium. Although the stadium belongs to the Johannesburg City Council, FNB bought the naming rights. So far, FNB has been silent about the stadium’s name being linked to incitement to murder white people, and especially farmers, some of whom must surely be customers of theirs. Does their silence mean that they condone the expression? We would like to hear what FNB's position is on this.

Institutions that can act

It appears that since 2010, the Human Rights Commission has handled Malema with velvet gloves and has wormed itself out of the responsibility to act promptly and decisively. The SAHRC let the opportunity slip through its fingers, and 13 years later we are still left to carry the can, facing ever increasing division and racial polarisation. The question must be asked why Malema has not been called to order by other institutions.

As an elected public representative and leader of a political party, Malema is acting contrary to the oath of office in his role as member of Parliament, and Parliament must act. Furthermore, the EFF has been acting contrary to the IEC's Code of Conduct for political parties, in particular the provision regarding incitement to violence. Can the EFF be allowed to participate in the 2024 election? This is an issue that should be dealt with further by political opposition parties.

President Ramaphosa's silence

President Ramaphosa has been asked what his position is in the matter. However, concerned South Africans should not hold their breaths. On 26 September 2018, President Cyril Ramaphosa spoke to the financial news service Bloomberg at the Bloomberg Global Business Forum in New York. During the interview, President Ramaphosa denied that farm murders were taking place.

The president was apparently not aware of a statement on 2 July 2017, issued under his name by the GCIS, which reported him as saying, ‘Parliament also successfully debated issues of importance such as, the increase in farm murders and farm attacks in South Africa.’ Bloomberg and the rest of the world are now being told that there are no farm murders. This has not changed in 2023.

President Ramaphosa will not admit that there is a growing problem regarding farm murders, nor will he react to Malema. There are too many elements in his own party ranks that benefit from incitement and violence. Not to mention that it was in fact the ANC Youth League’s Peter Mokaba who gave birth to the ‘Kill the Boer - Kill the Farmer’ ‘struggle song’ in April 1993, during what was a period of intense negotiations for a new order. Since then, the ANC has never been prepared to condemn the song or to distance itself from it. We have seen for the past 30 years what the ANC's agenda with the song is.

Farm murders – reduced to mere statistics

According to Landbou.com, the official definition of a farm attack and farm murder was formally introduced in 1997/98. It is summarised in the police's rural security strategy and defined as follows: ‘Acts of violence against persons or farms and small holdings refer to acts aimed at a person/persons who live, work, or visit farms and small holdings, either with the intention of killing, raping, stealing or causing bodily harm.’

According to SAAI, since the ANC came to power in 1994, every second day on average one farm has been attacked. Every fifth day, a farmer or a member of the farmer’s family, a guest or a farm worker has been killed. TLU-SA's statistics up to July 2023 indicate that since 1 January 1990, 2,247 farm murders and 6,278 farm attacks were reported in South Africa. In the first six months of 2023 there were 109 farm incidents, 34 of which were murders. Of these, 18 were farmers, 10 were immediate family members and 6 were farm workers.

The statistics have to be viewed in conjunction with the extremely violent country that is South Africa. Seventy four people are murdered here every day – almost 27 000 people in 2022/23 alone. This places South Africa amidst extremely undesirable company. South Africa is eighth on the list of the most dangerous countries in the world if the murder statistics per 100,000 of the population are taken into account.

In El Salvador, the most dangerous country, there are 52.02 murders per 100,000 of the population, followed by Jamaica (43.85), Lesotho (43.56), Honduras (38.93), Belize (37.7), Venezuela (36.69), Saint Vincent and the Grenadines (36.64). Then comes South Africa, with 36.5 murders per 100,000 of the population.

Farm murders as terrorism

In the midst of farm murders and attacks, the EFF’s slogan can no longer be tolerated. ‘Hate speech’ is a euphemism for what is, in reality, incitement to violence, murder and terror. In a violent country like South Africa, there is no room for politicians who incite their followers. This includes the President’s inflaming of his ANCYL to greater militancy and revolution.

Has the time not come for political and farm murders and attacks to be identified as a form of terrorism, and punished as such? So, too, economic sabotage such as infrastructure damage, vandalism and theft.

In any democracy, certain key features and values apply. This includes respect for basic human rights, political tolerance, a multi-party electoral system, democratic elections, civil participation and respect for the law. These values are reflected in international frameworks and conventions that seek to ensure law and order.

In South Africa, however, such values are dismissed by self-proclaimed so-called ‘revolutionaries’ in the EFF and the ANC. This in itself is a threat to democracy. Malema cannot lay claim to certain rights while he himself tramples on the rights of others, thereby threatening democracy and its institutions. His repeated calls for the killing of civilians constitutes incitement to murder.

The Convention for the Prevention and Punishment of Terrorism (Geneva, 1937) defines acts of terrorism as ‘criminal acts directed against a State or intended to create a state of terror in the minds of particular persons, or a group of persons or the general public’. In the UN's State Security Council Resolution 1566 of 2004, terrorism is defined as follows: ‘Any act or threat of violence, whatever its motives or purposes, that occurs in the advancement of an individual or collective criminal agenda and seeks to sow panic among people, causing fear by harming them, or placing their lives, liberty or security in danger ...’

The Preamble to the Protection of Constitutional Democracy against Terrorist and Related Activities Act, Act 33 of 2004, read together with Amendment Bill B15B-2-22, opens with the statement ‘WHEREAS the Republic of South Africa is a constitutional democracy where fundamental human rights, such as the right to life and free political activity, are constitutionally enshrined; AND WHEREAS terrorist and related activities, in whichever form, are intended to achieve political and other aims in a violent or otherwise unconstitutional manner, and thereby undermine democratic rights and values and the Constitution …’

It goes on to say, ‘terrorist activity’ […] means- (a) any act committed in or outside the Republic, (b) which is intended, or by its nature and context, can reasonably be regarded as being intended, in whole or in part, directly or indirectly, to- (ii) intimidate, or to induce or cause feelings of insecurity within, the public, or a segment of the public, with regard to its security, including its economic security, or to induce, cause or spread feelings of terror, fear or panic in a civilian population …’

Section 14 states ‘Any person who- (a) threatens; (b) attempts; (c) conspires with any other person; or (d) aids, abets, induces, incites, instigates, instructs or commands, counsels or procures another person, to commit an offense in terms of this Chapter, is guilty of an offence.’

Hate speech is ideologically interpreted not only by commentators but also in the administration of justice. Incitement to murder is not hate speech, however. In our opinion it amounts to complicity in and incitement to terrorism. If the existing legislation cannot be interpreted or applied to allow for this, the bill that is currently under consideration should be urgently expanded to make provision for it. The leader of the FF Plus, Dr Pieter Groenewald, has also linked the Malema rulings with terrorism on two recent occasions.

Malema – a serial offender

Malema is a hate speech serial offender and his incitement is directly connected to crime, in particular farm attacks and farm murders. Both the ANC and the EFF's irresponsible flirtation with revolution sets the stage for populism and violence by their followers, who are irresponsibly incited by their political leaders.

We cannot help but ask what more needs to happen and how much more brutal and cold-blooded crime and farm attacks have to become before the South African government will step in. South Africans are currently being subjected to outright terrorism in the rural environment. The persistent farm attacks and, in the larger context, economic sabotage characterised by theft and vandalism of infrastructure require new priorities and urgent action. Political leaders cannot be exempted from this.

Crime and lawlessness and associated concerns about the decay of the criminal justice system and the large-scale sabotage of infrastructure in South Africa are reaching a tipping point. It is admirable that South Africa is constantly at the diplomatic forefront during international conflicts and flashpoints, also with the recent BRICS summit but this cannot happen at the expense of the low-intensity crime war and terrorism at home in which 27 000 South Africans are murdered annually.

The time has come for the government to take hands with allies from civil society and together adopt a zero tolerance policy in curbing crime. This includes the rural community organisations, organised agriculture, ex-members of security forces and others. Each and every government strategy in the fight against crime has so far failed spectacularly. A new, drastic approach resulting in new, far-reaching outcomes is urgently needed.

Until that time, we must support any legal action by any party or institution regarding hate speech. However, we believe that more urgent and drastic prosecution is needed in the future.

Jan Bosman is Chief Secretary of the Afrikanerbond