EFF statement on AfriForum’s application to recuse Judge Keightley in “Kill the Boer” case

20 September 2023

The Economic Freedom Fighters (EFF) is disgusted by AfriForum's consistent and opportunistic legal attacks against the EFF that are a complete waste of the time of the judiciary, and are nothing but an elaborate fundraising exercise for racist right-wingers.

The latest stunt in an attempt to avoid inevitable defeat, is a frivolous application to recuse Judge Keightley from the "kill the boer" matter which is currently at the Supreme Court of Appeals.

Last year, AfriForum initiated a series of hate speech applications against the EFF, its Commander-in-Chief, Dr. Mbuyiseni Ndlozi, and the EFF itself, concerning the chanting of struggle chants, specifically "dubul'ibhunu" ("kill the boer") and "bizan'ifire brigade." The racists lost the matter dismally, as they failed to illustrate a causal link between the singing of the song and murders on farms.

In defence of our stance, the Commander-in-Chief Julius Malema elucidated the EFF's position and placed these chants within their proper political context. However, AfriForum persisted in its mischaracterisation of these liberation struggle chants, divorcing them from their historical and contextual significance, and embarrassingly presenting their racist opinions as facts in a court of law, a stunt that was rejected by the Equality Court.

Even though the Truth and Reconciliation Commission (TRC) and former President Thabo Mbeki's testimony debunked the notion that "kill the boer" advocated for white genocide, AfriForum clung to this narrative. Ironically, this reflects AfriForum's racist, minimalistic, myopic and underdeveloped way of thinking rooted in the assumption that black masses cannot differentiate between a call for struggle and a call for violence. To date, AfriForum has failed to establish a causal link between the chants and any acts of violence.

AfriForum's application to recuse Judge Keightley, which is nothing short of hubris, reveals a misguided sense of superiority which has been established, enforced, and perpetuated by historical systems of oppression, including the concept of parliamentary sovereignty that has safeguarded white supremacist ideologies and secured their endorsement by our judicial institutions. They aim to coerce the courts into consistently ruling in favour of whites and land thieves, however, the EFF firmly opposes this agenda.

AfriForum argues that Judge Keightley's statements from about five years ago indicate bias against their organisation. However, these statements were never contested until now, after they received an unfavourable outcome in a separate case she presided over concerning the medium of instruction at the University of South Africa (UNISA).

The timing of this recusal application therefore raises questions, as these remarks were made half a decade ago and were not challenged earlier. Furthermore, none of these remarks warrant a recusal application, especially considering that Keightley J granted AfriForum's leave to appeal in the same hearing that they now claim she exhibited bias.

AfriForum's attempt to impugn Keightley J's integrity is transparent. They have invoked a minor issue from the past to potentially undermine the outcome of the "kill the boer" appeal or delay its delivery. This move therefore appears to be politically motivated rather than a legitimate concern about bias.

In contrast, the EFF did not seek the recusal of Matojane J, despite a past judgment against us where he ordered the Commander in Chief to pay a R500 000 to Trevor Manuel. While the finding was eventually overturned, we respect the independence of our courts and the professionalism of judges, even when their rulings go against us.

Ultimately, Afriforum's actions are an attempt to frustrate the expected outcome of the "kill the boer" appeal. They have resorted to attacking a female judge to further their narrow agenda, which cannot tolerate land justice and the progressiveness championed by the EFF. We will oppose this application and continue to fight against right-wing, imperialist elements that oppose our agenda for social justice and equity.

Issued by Sinawo Thambo, National Spokesperson, EFF, 20 September 2023