EFF slams ‘racist’ AfriForum as lobby group seeks to appeal Shoot the Boer ruling

AfriForum says it will appeal the judgment on the “Shoot the Boer” case after the lobby group was defeated in court on Thursday.

The Equality Court in Johannesburg dismissed AfriForum’s application with costs, ruling that Dubul’ibhunu did not constitute hate speech.

Judge Edwin Molahlehi delivered the judgment, concluding that AfriForum failed to demonstrate that the Economic Freedom Fighters (EFF) contravened the provisions of the Equality Act by singing the struggle song.

“They have also failed to show that the merits in this song could reasonably be construed to demonstrate a clear intention to harm or incite harm and propagate hatred,” he said.

Molahlehi also found that AfriForum’s head of policy and action Ernst Roets did not qualify as an expert witness, saying his testimony was “based on hearsay evidence”.

Oppressive system

‘Blatantly romanticises violence’

Speaking outside the court following the ruling, Roets confirmed that AfriForum would appeal the judgment.

“As far as we are concerned, there are serious errors in the judgment. Firstly, in terms of the application on the definition of hate speech and the test of whether something complies with that definition. And secondly also, the way in which the court dealt with the evidence presented in this matter.

“It is quite flabbergasting to listen to the summary of the judgment and then compare that to what was actually testified in court,” he said.

ALSO READ: AfriForum’s ‘shoot the boer’ case: No place for Juju songs, say experts

Roets said the lobby group was convinced that another court would find a different conclusion.

“There is a bigger point to be made here that is a political system, in which political leaders go on to public platforms blatantly romanticises violence towards minority communities and then condone that type of rhetoric and say ‘this is just free speech’.

“It’s not a free and democratic system, it’s an oppressive system and we must be very cautious in terms of whether South Africa is turning into an oppressive system when it comes to the rights of minority communities, which is why AfriForum will file an appeal,” he added.

AfriForum is ready to file an appeal against the #KillTheBoer judgement. Here is why.@afriforum pic.twitter.com/NLtq8YbU7s

— Ernst Roets (@ErnstRoets) August 25, 2022

‘They stand for everything white’

Meanwhile, EFF Treasurer-general Omphile Maotwe welcomed the judgment and criticised AFriForum, labeling the lobby group as a “racist ring-wing organisation”.

“They don’t stand for anything black, but they stand for everything white. They want white supremacy at all costs,” she told EFF members outside the court.

Speaking to the media, Maotwe further said: “Have you ever heard AfriForum talking about the rate of unemployment in the country? Nothing. Have you ever heard them talking about the levels of poverty in the country? Nothing.

“Have you ever heard them speaking anything about the discrimination, abuse and killing of women [as well as ] children in the country? Nothing. They haven’t said anything because they just want to push their agenda.”

TG @OmphileMaotwe outside Johannesburg High Court, speaking on the verdict that was handed today

The case by the racists, which sought to erase the cultural element of the liberation struggle in South Africa, has fallen flat on its face.#EFFBeatsAfriforum pic.twitter.com/2wzT6T2upg

— Economic Freedom Fighters (@EFFSouthAfrica) August 25, 2022

Incitement to cause harm

AfriForum lodged a civil case against the EFF in 2020, after accusing the party and its leaders of committing hate speech over the singing “awudubula ibhunu” and “Dubula amabhunu baya raypha”.

The organisation has long argued that it was of the view that the song advocated hatred on the grounds of race and ethnicity, and constitutes an incitement to cause harm.

READ MORE: ‘I’m going to be the president of this country’: Malema

In their case, the lobby group had sought an order directing the EFF to pay R500 000 in damages and for the party to be directed to revise its policies and practices.

The Democratic Alliance (DA) previously also laid criminal charges against EFF MP Mbuyiseni Ndlozi for incitement to arson after he allegedly sang “call the fire brigade, burn these Boers” in Senekal, Free State.