Malema barred from singing 'dubula ibhunu'

PRETORIA (Sapa) - ANC Youth League leader Julius Malema has been barred from singing "dubula ibhunu" (shoot the boer), according to an interdict granted by the High Court in Pretoria on Thursday.

"The first respondent is also barred from uttering any song of a similar nature which incites violence," Judge Eberhard Bertelsmann said while giving judgment.

The order would be effective until the first day the matter was heard in the Equality Court, to where Bertelsmann referred it.

The court was aware Malema, the ANC and its youth wing were not given ample time to respond, and Bertelsmann emphasised this was a provisional finding.

He said democracy was still fragile and that those that participated in politics must consider that some things said could offend other groups.

The court on Thursday recognised the ANC and its youth league as respondents.

Malema refused to meet an ultimatum by civil rights group AfriForum to apologise for singing the song by last Friday. The youth league leader first sang it at a University of Johannesburg gathering and several times thereafter.

His advocate Vas Soni said without these "freedom songs" people wouldn't have rejected an oppressive system.

"We can't stop a person from embracing his history and culture." AfriForum's advocate Louis Visser said the word boer", in the context of the song, was derogatory and referred to farmers, whites and Afrikaners in particular.

Bertelsmann said that some people were threatened by the song could not be contested.

Mediation was needed in the Equality Court to alleviate division in the national discourse, he said.

AfriForum and farmers' union Tau-SA, which was the second applicant, welcomed the court's decision saying it was not only a victory for them, but also for the whole country and Malema.

"This ruling protects him from danger of being prosecuted or steps being taken against him," said AfriForum chairman Ernst Roets outside court.

"We are extremely happy."

Last Friday, the High Court in Johannesburg ruled the use of the words "dubula ibhunu" unconstitutional and unlawful. Delmas businessman Willem Harmse had brought the matter to court to prevent his colleague Mahomed Vawda from using the words on banners and singing them during a planned march against crime.

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responses to this article

Learn the words My advice to those intent on remaining in SA. Learn the words and sing the song with gusto. See http://letterdash.com/g.annandale/survival-tools by Geanann on April 05 2010, 10:38 Find this comment inappropriate? Report it

Jurisdiction ? Considering the now two SA court judgements against Malema & ANC regarding "dubula ibhunu" hate lyrics...does the jurisdiction of SA courts bite on SA's new de facto Minister of Foreign Affairs when he is ouitside the country? ...like when he is . .more addressing solidarity issues with their Green Bomber comrades in Zim, for example? If it does, has someone in the ANC passed this on to him? For the sake of football, is there any authority in SA with the balls to at least reign Malema & his clones in before & during WORLD-CUP-2010 ? Be a pity if a "dubula ibhunu" singing mob got overenthusiastic & hacked to pieces any visiting maBhunu players or their supporters. That would be a taste of SA culture that might not be appreciated. Chikurubi Vman . .less by John Austin, London on April 05 2010, 20:28 Find this comment inappropriate? Report it

... Fine..Kill the boer was sung during the struggle for freedom. HOWEVER - there is no justification for the ANC, Malema and Mantashe to continue to advocate the singing of such a song in the post-apartheid era. The 1994 democratic elections brought with it . .more . .more a NEW CONSTITUTION and BILL OF RIGHTS, under which every citizen (irrespective of race, heritage, religion, ethnicity, gender) is equal before the law. The Bill of Rights was created to ensure the creation of a climate in which we can ALL build a rainbow nation. The Court have spoken - Kill the boer song has been declared as hate speech. Obviously Malema and his followers who advocate the signing of Kill the boer song is above the law, and do not have to abide by the same laws as other citizens...they publicly stated that they will continue to sing it. They are sending a strong message that there is no space for white citizens (or any other race besides blacks) in OUR South Africa. Can SOMEONE please explain to me how this is condicive to building a better future for ALL, building a rainbow nation?? I argue that the singing of songs like Kill the Boer, and De La Rey contributes to racial and political polarization -rapidly undoing what we have been building towards for 2 DECADES!! Let it be known that I will not be 'booted' out of my own country at the whim of the ANC . .less by Fielasting on April 08 2010, 14:34 Find this comment inappropriate? Report it

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