JOHANNESBURG - AfriForum has welcomed the chance to take its fight to declare struggle song Dubul’ ibhunu hate speech, to the Supreme Court of Appeal.
On Tuesday, the lobby group was granted leave to appeal a ruling from the Equality Court, sitting in Johannesburg, last August.
The court found the song was not hate speech.
The case centres on the Economic Freedom Fighters (EFF)’s use of Dubul’ ibhunu - which translates to “shoot the boer” - in particular.
Judge Edwin Molahlehi dismissed the case, accepting EFF leader Julius Malema’s evidence that the song was today directed at “the issue of land justice and, in this respect, more towards highlighting the failures of the current government”.
But on Tuesday, he granted AfriForum leave to appeal in the SCA, saying that the organisation had made out a case that there were reasonable prospects of success.
AfriForum’s Ernst van Zyl: "This case is of great importance because a message must be sent loud and clear that chants that incite violence are unacceptable and will have consequences. Today’s decision is only a single step forward in AfriForum’s great fight against the incitement of violence against farmers and minority groups. We will do everything in our power to ensure we defeat this dangerous, hateful behaviour."
