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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