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The apex court dismissed AfriForum's appeal application on Thursday.
Full bench of the Constitutional Court (ConCourt). Picture: Gallo Images/Alon Skuy
Lobby group AfriForum has suffered a final blow in its attempt to have the controversial chant “Kill the boer, kill the farmer” declared as hate speech.
On Thursday, the Constitutional Court (ConCourt) delivered a brief ruling dismissing AfriForum’s application for leave to appeal.
The ConCourt concluded that the application “bears no reasonable prospects of success”.
The ruling comes as President Cyril Ramaphosa is being urged to take action against EFF leader Julius Malema for singing Dubul’ iBhunu at a Human Rights Day rally in Sharpeville last week.
ALSO READ: Ntshavheni says AfriForum admitted farm murder stats are accurate, Kriel accuses her of lying
In 2022, the Equality Court ruled that the anti-apartheid chant does not constitute hate speech or incitement to violence.
The court found that the song is protected under South Africa’s free speech laws and is a political statement, not a direct call for violence.
The Supreme Court of Appeal (SCA) also dismissed AfriForum’s appeal in 2024.
With the ConCourt’s decision not to hear the case, the legal battle has seemingly come to an end.
AfriForum reacts to ‘Kill the Boer’ appeal ruling
Reacting to the dismissal, AfriForum CEO Kallie Kriel condemned the ruling, arguing that the song unfairly singled out Afrikaners.
“With the political transition of 1994, the impression was created that human rights, also the human rights of Afrikaners, would be protected by the Constitution and the Constitutional Court.
“This is no longer the case. With this decision of the court to allow somebody to sing that Afrikaners can be killed, the fact is we are seeing a radicalisation in the interpretation of the Constitution; we see more and more ideologically driven judges,” he told The Citizen.
READ MORE: White privilege? AfriForum’s Kriel claims white South Africans are ‘second-class citizens’
Kriel also criticised the government’s failure to condemn the song.
“This, together with the fact that the presidency as well as the government refuses to condemn these slogans that call for the killing of Afrikaners, means that we are on our own.
“If we are not going to be protected, Afrikaners and farmers and minority communities should protect themselves within the framework of the law.”
EFF welcomes judgment
Meanwhile, the EFF slammed AfriForum’s “baseless and reactionary attempt” to have the song declared unlawful.
The red berets also criticised the organisation for pushing a “false narrative of white victimhood”.
“Their efforts to criminalise a liberation song, one deeply rooted in the fight against the brutal regime that oppressed Black people for decades, are part of their broader project to rewrite history, erase their own crimes, and paint themselves as victims.
“The courts have time and again ruled in our favour,” the EFF’s statement read.
“The party further said the ConCourt’s ruling has “shut the door permanently on this absurd and opportunistic legal campaign”.
“AfriForum must accept that South Africa is not their playground of privilege anymore. We will continue to sing our songs,” the red berets added.
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