The Economic Freedom Fighters (EFF) insists it will not back down from singing the controversial song with lyrics "kill the Boer, kill the farmer" despite increasing calls for the song to be shunned in public discourse.
On Thursday, IOL reported that Constitutional Court has dismissed a leave to appeal by AfriForum, an advocacy group determined to ban the song, arguing that it is inflammatory.
In a ruling handed on Thursday, the apex court said the application bears no reasonable prospects for success.
Speaking to SABC, EFF member of the Central Command Team and Member of Parliament, Nqobile Mhlongo said the song, according to her party's understanding, means the system which excludes the black majority of South Africa from the mainstream economy must be "killed".
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Mhlongo appeared in a panel discussion on SABC alongside DA national spokesperson and Member of Parliament, Willie Aucamp who insisted the song 'Kill the Boer' is inflammatory and has no place in South African contemporary society.
"We will continue to sing the song, there is victory now, the matter is closed. They can go and cry in the streets because they have no regard for our Constitutional Court that is why he (Aucamp) is here boldly standing against a court ruling, a Constitutional Court ruling. He is saying it was wrong for it to rule in the manner it did, continuing to undermine our courts," said Mhlongo.
"Let him continue, we will continue to sing the song. We will never forget the struggle of the land. We continue to call for "kill the Boer, kill the farmer". It means to us, kill the system which seeks to exclude black people from owning land, from participating in the economy of this country, a system meant to exclude black people from having economic power.
"We will continue to sing it until they turn blue and green. There is nothing they can do about it. The ConCourt has ruled on the matter and they can't say it is the EFF that is making the global community to have a problem with the song. How does the global community have a problem with it (the song) because it has nothing to do with them. This is a song that was sung during apartheid," she said.
Mhlongo said the EFF continues to call on all white farmers across South Africa to share the land with the black majority.
On the other hand, Aucamp argued that the song was threatening to certain sections of South Africa and does not contribute to the project of nation-building and social cohesion.
"As yourself if this is contributing to nation-building, it is not. We obviously recognise the injustices of the past, we must never forget that. I fully agree with that. They were such a lot of things in this country that went wrong and we should never forget about that. But we should also not make the same mistake again by dividing this country on racial lines. We are a united country and we should not be divided by racial lines," said Aucamp.
The Constitutional Court decision came on the heels of a prolonged struggle initiated by AfriForum, which has been vocal in its push to eliminate the song from public discourse, citing its violent connotations and historical context tied to racial tensions in South Africa.
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The ruling confirms an earlier ruling by the Equality Court that the song, often chanted by EFF leader Julius Malema at political rallies, does not constitute hate speech but rather falls under the protection of free speech.
In August 2022, the lobby group lost in the Equality Court after Judge Edwin Molahlehi said the song does not constitute hate speech and deserves to be protected under the rubric of freedom of speech.
jonisayi.maromo@iol.co.za
IOL