SCA: FMF to join as friend of the court during AfriForum v Julius Malema hate speech appeal

29 August 2023

On 4 September 2023, the Rule of Law Project, an initiative of the Free Market Foundation (FMF), will join court proceedings at the Supreme Court of Appeal (SCA) during AfriForum's appeal against the ruling by the Equality Court in favour of Julius Malema and the Economic Freedom Fighters (EFF).

The Equality Court previously found against AfriForum, concluding that the EFF and Malema were not guilty of hate speech in their singing of ‘Dubul' ibhunu’ (‘Kill the Boer’).

The FMF Rule of Law Project believes that in light of the Equality Court's judgment, the courts' application of hate speech law has become inconsistent, threatening equality before the law and the observance of non-racialism in judicial proceedings.

The Rule of Law Project has approached the SCA as a friend of the court to guide precedent for all courts in the direction of equal application of hate speech law and non-racialism in any court cases.

The Rule of Law Project has made written submissions to the Court regarding the appeal. Adv Mark Oppenheimer, counsel for the Project, will also make oral submissions on the day.

Issued by Anneke Burns on behalf of FMF, 29 August 2023