AFRIFORUM wants the Supreme Court of Appeal (SCA) to interdict and restrain the EFF, its leader Julius Malema and MP Dr Mbuyiseni Ndlozi from publicly singing the Struggle song “Dubul'ibhunu (shoot the boer)”.
The lobby group is appealing against Judge Edwin Molahlehi’s August 2022 ruling in the Equality Court, sitting at the South Gauteng High Court, Johannesburg, declaring that the song or chant’s variants “kiss the boer/kiss the farmer” as well as “bizan’ifire brigade (call the fire brigade)” did not constitute hate speech and unfair discrimination.
AfriForum will next month square off against the EFF, Malema and Ndlozi at the SCA, which it wants to declare variants of the Struggle song “kill the boer/shoot to kill” banned from public performance.
In its papers filed at the SCA, AfriForum seeks an order setting aside Judge Molahlehi’s order and replacing it with one stating that words and translations of words, phrases and songs such as “awudubula ibhunu dubula amabhunu baya raypha (sic) (shoot the boer, they are rapists), shoot to kill, kiss the boer – the farmer” constitute hate speech.
According to the papers, the group also wants “shisa lamabhunu, iEFF ingen’endaweni (”Burn these boers, EFF enters the space/place“) to be declared hate speech.
”The respondents (EFF, Malema and Ndlozi) are interdicted and restrained from any public use, singing or chanting of the words, phrases or songs,” read AfriForum’s heads of argument dated August 2.
AfriForum submitted that the Equality Court erred in its findings and that the lobby group’s appeal should be upheld.
”The respondents’ singing in public of the songs known as Dubula ibhunu (Kill/Kiss the Boer) and Bizani ifire brigade (containing the exhortation to urn these boers) constitute hate speech in terms of Section 10(1) of the Equality Act,” the organisation stated.
It said it wanted the singing of the two songs restricted to the public use by the EFF, Malema and Ndlozi which contain clear exhortations to kill or burn, directed at boere/farmers/ibhunu.
AfriForum maintains that both songs communicate words that are based on one or more of the prohibited grounds (race, social or ethnic origin) against persons, in this case “boere”, that could reasonably be construed to demonstrate a clear intention to be harmful or to incite harm (to shoot, kill or burn them) and to promote or propagate hatred.
AfriForum argues Judge Molahlehi misdirected himself and conflated tests when he found that a reasonable listener would conclude that Dubhul’ibhunu does not constitute hate speech but rather that it deserves to be protected under the rubric of freedom of speech.
”The test is not whether a reasonable reader would conclude that the song deserves to be protected as freedom of speech. Hate speech is never protected,” the group explains.
AfriForum says Judge Molahlehi erred in finding the group had to prove that there was a causal link between the chanting of "kill/kiss the boer" and the singing of bizani ifire brigade, shisa lamabhunu and the actual killing of the targeted group and the actual setting alight of farms and property, respectively.
Earlier this week, EFF national spokesperson Sinawo Tambo said it was nonsensical and extremely racist to presume that black people were of so low intellectual and emotional capacity that a song would incite them to go and kill people.
”It’s racist and undermining of our people. AfriForum and many racist and right-wing groups in SA and internationally want to ‘exceptionalise’ the death of white people,” he said.
AfriForum’s Kallie Kriel said they would fight to the bitter end against the singing of Dubhul’ibhunu.
”We will not sit by being threatened by thugs that don’t want a future for everybody in this country. The majority of people want a future for their children, we extend a hand of friendship to all people,” he said.
Oral arguments in the matter will be heard on September 4.
loyiso.sidimba@inl.co.za