The statement on the ruling of the court against Afri-Forum

The African National Congress welcomes court ruling that allows the ANC to be an intervening party on the matter of hate speech, as alleged by Afri-Forum, against Julius Malema for singing a struggle song.  This ruling has vindicated the ANC in its application that the struggle songs belong to the organization and not individuals. 

Yesterday, the ANC instructed the law firm Mkhabela, Huntley , Adeye Inc. to apply for a ruling that will make the ANC an intervening party to the case. This was challenged by the Afri-Forum based on the argument that it was Julius who sang the song and not the ANC.  However, Judge Collin Lamont ruled in favor of the ANC.

To the ANC, this is a significant victory in that it will enable the movement to be party in defending its struggle heritage that is under attack in this case.  The ANC carries the responsibility to ensure that the painful struggle for peace and democracy cannot be trivialized and reduced to individuals when they acted in the collective interest of our struggle heritage.

This ruling will allow the court to  shape the balance between what constitutes hate speech within the context of our past struggles.  It is regrettable that organisations like the Afri-Forum think that blacks are so weak that by merely singing the struggle songs they will be incited to commit acts of violence against other racial groups.

Statement issued by Jackson Mthembu, African National Congress national spokesperson, February 25 2011

Click here to sign up to receive our free daily headline email newsletter