Julius Malema Found Guilty of Hate Speech for Singing ‘Shoot the Boer’

Aislinn Laing, Telegraph (London), September 12, 2011

A judge ruled that Mr Malema’s repeated performance of the song was “derogatory, dehumanising and hurtful” to the country’s Afrikaans minority group and had no place in the new South Africa.

Judge Colin Lamont said that if the 30-year-old sings it in future, he faces criminal charges and a potential prison spell.

“People must develop new customs and rejoice in a developing society by giving up old practices which are hurtful to members who live in that society with them,” Judge Lamont, sitting at Johannesburg High Court, said.

“The enemy has become the friend, the brother. This new approach to each other must be fostered.”

The ruling is the latest in a string of setbacks for Mr Malema, who has won support among impoverished blacks with calls for mine nationalisation and forced land redistribution.

He is facing expulsion from the ANC for challenging President Jacob Zuma and is under investigation by the anti-corruption watchdog for allegedly taking bribes for tenders.

The ANC Youth League said Judge Lamont’s decision effectively banned the celebration of “the struggle of the people of the Republic of South Africa”.

But it was welcomed by AfriForum, the Afrikaner rights group which brought the civil case.

“It sends a clear message to Malema that he isn’t above the law and that he can’t sow divisions wherever he goes,” said Kallie Kriel, AfriForum’s CEO.

“These songs change over time to adapt to new circumstances. It’s time that the ANC adapts from being a struggle organisation to a modern political party.”

Mr Malema was not present in court for the ruling but previously argued the song was a liberation anthem and did not refer to individuals but rather the apartheid oppressor in general.

AfriForum argued that with the death toll of white farmers, also known as Boers, at an estimated 3,000 since apartheid’s end in 1994, Mr Malema’s actions were insensitive and cruel.

Judge Lamont said there was no evidence that the youth league president’s actions had contributed to any deaths or injuries.

But he said Mr Malema transformed the song into a staccato chant complete with shooting gestures, and would have been fully aware of how his words might be interpreted and the effect they might have.

Mr Malema was ordered to pay partial costs for the court case. The ANC, which backed its erstwhile youth leader in the hate speech case, said it was “appalled” by the judgement, which it said was an attempt to “rewrite undesirable South African history”.

“This ruling flies against the need to accept our past and to preserve our heritage as an organisation and as a people,” spokesman Jackson Mthembu said.”The ANC will explore every possibility to defend our history, our heritage and our traditions.”

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  • Michael C. Scott

    Better yet, “Incitement to Genocide” is a Grave Breach on International Humanitarian Law, which carries universal jurisdiction over this offense.

    Any court on Earth is allowed to try this person.

  • Anonymous

    I oppose all hate speech laws, be they used against Mr. Malema or against anyone else.

  • sbuffalonative

    Can both Mandela and Bono now be charged with hate speech as well?

  • Anonymous

    Malema’s hate anthem Shoot the Boer was endorsed by Bono in an interview he gave to the South African Sunday Times. I was never too keen on his music, but after hearing this I can’t stand to read or hear anything about what Bono has to say or think. I believe him and his kind are liberal to the point it makes them mentally disturbed. These are the enablers of these black thugs. Whether or not they believe in it, who knows. Mainly they support these gansta rap thugs because they think it makes them cool, when it just makes them look like middle-aged fools who should have learned to endorse much better things along the way.

  • SKIP

    “Better yet, “Incitement to Genocide” is a Grave Breach on International Humanitarian Law, which carries universal jurisdiction over this offense.

    Sorry Michael, NOT when it is blacks or muslims doing the incitement, slaughtering, looting, burning, robbing, raping and all of the usual stuff blacks do no matter where they are.

  • Blaak Obongo

    “Mr Malema’s actions were insensitive and cruel.”

    “Insensitive and cruel?” Imagine the result if a White American had come up with such a song attacking blacks! Does anyone think the condemnatory adjectives would be limited to “insensitive and cruel?”

    “Mr Malema was ordered to pay partial costs for the court case.”

    Partial court costs? Wow, what a brutal sentence. I hope his wrist wasn’t bruised when it was slapped.

    Well, I’m sure the western governmedia will be in an uproar over this flagrant example of Hate Speech.

    Right?

  • Madison Grant

    Here’s another clip of a black Marxist/terrorist singing about killing whites. You may recognize him.

    http://tinyurl.com/nlhqm

    And could someone please slap the white buffoon seen singing along?

  • Anonymous

    A black person (in this case, Malema) sings a hateful song towards whites (Shoot the Boer), that is obviously hate speech and incitement to kill…yet black people (in this case, ANC) are appalled that he’s found guilty of hate speech? The hypocrisy is simply appalling and disturbing. If a white person were singing ‘Kill the blacks’ or something similar, they would also be found guilty of hate speech, and nobody would be appalled by that decision.

    Then again, blacks are like that all around the world. They want everyone non-black who says ‘Kill the blacks (or insert other race)’ to be charged with hate speech, yet when blacks say ‘Kill the whites (or insert other race)’ they want to get away with it, and they think nothing is wrong with it. Simply disgusting.

  • Michael C. Scott

    I have to disagree with you Skip; a whole bunch of Rwandan Hutus are currently incarcerated for incitement to genocide over the 1990s massacres of Rwanda’s Tutsi minority.

  • Alansdottir

    In this case, I agree with poster #2. Hate speech laws of any stripe are a sign of grave societal illness. They set back our cause and our people, and have no place in a sane judicial system.

  • Bon, From the Land of Babble

    Judge Colin Lamont said that if the 30-year-old sings it in future, he faces criminal charges and a potential prison spell.

    Malema is an arrogant b — . He has NO intention of abiding by ANY court ruling against him, just as Mugabe ignored court orders that were delivered to him. Mugabe was also happy to sign agreements that he had NO intention of honoring.

    These are blacks we are dealing with, uncivilized ones at that, with murderous intentions towards Whites. They are not Whites with a long history of honoring the Rule of Law and upholding the tenants of Western Civilization. Blacks are not capable of understanding Western mores and this is why black-run societies are violent, anarchic messes.

    AND, what would happen if the criminal courts tried to take action against Malema?? I suspect Malema’s supporters would instigate widespread, violent riots, blame Whites and declare Malema a victim of racism, if not a martyr.

    As for Mugabe:

    Legislation was passed giving Mugabe the right to ‘declare anything done illegally to be legal and anything done legally to be illegal, and if he thinks any election result to be wrong he may declare it null and void.’

    The results of this policy in Zim are evident.

    Bon

  • South African

    The local liberal opposition party, the Democratic Alliance, finds fault with the ruling:

    http://en.wikipedia.org/wiki/Democratic_Alliance_%28South_Africa%29

    One of its previous incarnation, the Progressive Federal Party (PFP), had been the official opposition in parliament for many years, until ousted by the Conservative Party under Dr. Andries Treurnicht. The PFP had been bankrolled by Harry Oppenheimer. It played a big role under Apartheid politics ans stood for one-man-one-vote (multiracial government). Hellen Zille, the present leader, was a Black Sash activist (anti-apartheid movement). Way back then one always had the suspicion that anti-apartheid movements had communist sympathies.

    http://en.wikipedia.org/wiki/Black_Sash

    http://mspoliticalcommentary.blogspot.com/2011/09/malema-vs-afrriforum-hatespeech-ruling.html