ANC Youth League leader Julius Malema's political woes increased yesterday, with the Johannesburg equality court finding him guilty of hate speech.
The ruling comes only a day after Malema appeared before the ANC disciplinary hearing on charges of bringing the party into disrepute and sowing divisions within its structures.
Judge Colin Lamont ruled that though the youth league leader had a right to sing Dubul'ibhunu in commemoration of black people's fight against apartheid, that right did not outweigh the right to dignity of those who felt targeted by its radical and militant lyrics - white Afrikaners and farmers in general. "The right to freedom of speech does not trump the right to dignity," he said.
Judge Lamont found the words Dubul'ibhunu (shoot the Boer) to be hate speech. He further said such songs gave rise to genocide.
The judge explained at length the history of the song as part of the country's liberation struggle.
He, however, also pointed out that the celebration of such a history should not be at the expense of any group in the new South Africa.
Supporters of each of the litigating parties approved each time the judge made comments they deemed in their favour. However, it was AfriForum and farmers' union the Transvaal Agricultural Union of SA (TAU SA) that had the last laugh.
"Until the media translated the words (of the song), no one was threatened. No one complained. No one appears to have suffered any consequences because of the singing of the song," the judge said.
However, he defended minority citizens' rights to dignity. "Minority groups are particularly vulnerable and must look to the Bill of Rights for protection. Minorities have no political or executive power ... they are readily assumed by the mass.
"All hate speech has an effect. It lowers them (targets of hate speech) in the eyes of right-minded citizens who then view them as wrongdoers," Judge Lamont said.
He lambasted Malema for continuing to sing Dubul'ibhunu long after it had raised a furore among the white Afrikaner and Afrikaner farmer community.
"The singing of the song by Mr Malema constituted hate speech. No justification exists for allowing such words to be sung," the judge said.
He ordered Malema and fellow ANC leaders not to sing the song privately or publicly henceforth, ordering him to pay AfriForum and TAU SA's legal costs for the first three days of proceedings. All parties are then expected to pay their remaining legal fees.
Political analyst Elvis Masoga said since Malema was the face of the song, the judgment had worsened his political crisis. "Had the judge ruled in favour of Malema, he would have been viewed as a guardian and protector of the ANC's history, symbols and songs. The judgment shows that he is not invisible."
Malema guilty of hate speech
ANC Youth League leader Julius Malema's political woes increased yesterday, with the Johannesburg equality court finding him guilty of hate speech.
The ruling comes only a day after Malema appeared before the ANC disciplinary hearing on charges of bringing the party into disrepute and sowing divisions within its structures.
Judge Colin Lamont ruled that though the youth league leader had a right to sing Dubul'ibhunu in commemoration of black people's fight against apartheid, that right did not outweigh the right to dignity of those who felt targeted by its radical and militant lyrics - white Afrikaners and farmers in general. "The right to freedom of speech does not trump the right to dignity," he said.
Judge Lamont found the words Dubul'ibhunu (shoot the Boer) to be hate speech. He further said such songs gave rise to genocide.
The judge explained at length the history of the song as part of the country's liberation struggle.
He, however, also pointed out that the celebration of such a history should not be at the expense of any group in the new South Africa.
Supporters of each of the litigating parties approved each time the judge made comments they deemed in their favour. However, it was AfriForum and farmers' union the Transvaal Agricultural Union of SA (TAU SA) that had the last laugh.
"Until the media translated the words (of the song), no one was threatened. No one complained. No one appears to have suffered any consequences because of the singing of the song," the judge said.
However, he defended minority citizens' rights to dignity. "Minority groups are particularly vulnerable and must look to the Bill of Rights for protection. Minorities have no political or executive power ... they are readily assumed by the mass.
"All hate speech has an effect. It lowers them (targets of hate speech) in the eyes of right-minded citizens who then view them as wrongdoers," Judge Lamont said.
He lambasted Malema for continuing to sing Dubul'ibhunu long after it had raised a furore among the white Afrikaner and Afrikaner farmer community.
"The singing of the song by Mr Malema constituted hate speech. No justification exists for allowing such words to be sung," the judge said.
He ordered Malema and fellow ANC leaders not to sing the song privately or publicly henceforth, ordering him to pay AfriForum and TAU SA's legal costs for the first three days of proceedings. All parties are then expected to pay their remaining legal fees.
Political analyst Elvis Masoga said since Malema was the face of the song, the judgment had worsened his political crisis. "Had the judge ruled in favour of Malema, he would have been viewed as a guardian and protector of the ANC's history, symbols and songs. The judgment shows that he is not invisible."
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