AfriForum submits charges against EFF, Malema and Ndlozi

3 December 2020

AfriForum will be submitting charges at the High Court in Johannesburg today against the EFF and its leader Julius Malema after members of the party and their leadership sang the song “Kill the Boer, kill the farmer” on various occasions, with specific reference to the chain of events that took place in October 2020 in Senekal. The charges are filed at the High Court, which sits as the Equality Court. The core of the charges stems from the fact that the EFF sang “Kill the Boer, kill the farmer” just outside the court in Senekal whilst the murder case of the young farm manager Brendin Horner was being heard. 

The charge of hate speech focuses on the particular context in which the EFF sang “Kill the Boer, kill the farmer” and refers to various other occasions where the party and its leaders sang the song, which has already been declared as hate speech. The application is also supported by the 2011 settlement between AfriForum and Malema when the Supreme Court of Appeal made an order in terms of which Malema is forbidden from singing such songs and forced to encourage his supporters to also refrain from singing such songs.

In 2010 AfriForum instituted proceedings in the Equality Court in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000 against inter alia Malema.

After a successful complaint, an order was granted on 7 September 2011 declaring the words “awudubulaibhunu” and “dubulaamabhunu baya raypha” as hate speech when sung by Malema. Malema was interdicted and restrained from singing the song known as “Dubula Ibhunu” at any public or private meeting held by or conducted by him.

Hereafter an appeal was launched in the Supreme Court of Appeal, but before the appeal was heard the parties engaged in a process of mediation after a suggestion to that effect was made by the then president of the Supreme Court of Appeal. The mediation was successful, and an agreement was reached between the parties, which was made an order of the Supreme Court of Appeal on 1 November 2012.

In terms of the settlement agreement Malema committed to counselling and encouraging his respective leadership and supporters to act with restraint and not sing the hateful song and other similar songs.

The current charge also deals with the violent nature of the EFF and the recent remarks by the EFF Spokesperson Mbuyiseni Ndlozi where he incited his followers to burn down the farms and property of farmers.   

“With the EFF and Malema’s continuous hate speech and Malema’s refusal to stop his supporters, it is AfriForum’s role as civil rights organisation, with a particular focus on the protection of minority rights, to take the necessary steps and ensure an end is put to it,” says Ernst Roets, Head of Policy and Action at AfriForum.  

“Farm murders are a serious and continuous reality. The EFF’s provocative incitement of farm murders outside the court where the accused of a farm murder are prosecuted, is shocking and unacceptable,” concludes Roets.   

Issued by Ernst Roets, Head: Policy and Action, AfriForum, 3 December 2020