Julius Malema, leader of the Economic Freedom Fighters (EFF), celebrated a legal victory as the Supreme Court of Appeal (SCA) dismissed an appeal by Afriforum regarding the ‘Dubul’Ibhunu’ song.
SCA dismisses ‘Dubul’Ibhunu’ case
The case centred around the song ‘Dubul’Ibhunu,’ which translates to ‘Kill the Boer, kill the farmer,’ and allegations of hate speech.
Afriforum, a civil rights organisation, argued that the song constituted hate speech and sought to ban its singing.
The Equality Court had previously dismissed Afriforum’s complaint based on the song’s historical and political context.
The court ruled that the song, although provocative, did not constitute hate speech when understood in its full context.
Afriforum appealed this decision to the SCA, which upheld the Equality Court’s ruling.
The SCA found that the song was a form of political speech protected under the right to freedom of expression as enshrined in the South African Constitution.
Afriforum also attempted to challenge the impartiality of Acting Justice of the Supreme Court of Appeal Keightley, citing alleged bias.
This application was also dismissed, with the court finding no reasonable apprehension of bias in the judge’s previous remarks.
The SCA concluded that Malema’s use of the song was part of his political activity and campaign, thus falling under constitutional protections.
EFF and Julius Malema reactions
The EFF and Julius Malema welcomed the SCA’s decision, viewing it as a significant victory for freedom of expression and political speech.
In a statement, the EFF expressed satisfaction with the dismissal of Afriforum’s appeal, labelling the organisation as racist and right-wing.
“It is pleasing to the EFF that every once in a while, our courts are able to rise up against the dominant tide and affirm the humanity of the dispossessed majority in this country,” the party wrote.
The EFF reiterated that the song is a historical struggle anthem and should be understood within the context of South Africa’s fight against apartheid and colonialism.
“We must also note that the archaic conduct of Afriforum and other racists organisations in this country will surely make peaceful coexistence between the native and the settler an impossible mission to achieve,” the EFF said.
Malema, known for his fiery rhetoric, celebrated the ruling, emphasising that the dismissal affirmed the rights of the oppressed to express their views against historical and ongoing injustices.
He described the judgment as a vindication of the EFF’s stance on freedom of expression and a rejection of Afriforum’s attempts to suppress political dissent.
