“Kiss the Boer” Court Verdict Fails to Spark Joy in South Africans, “This Is Biased and Unacceptable”

“Kiss the Boer” Court Verdict Fails to Spark Joy in South Africans, “This Is Biased and Unacceptable”

  • The Johannesburg High Court dismissed AfriFroum's "Kill the Boer" case against the Economic Freedom Fighters
  • Members of the political party have celebrated the ruling and cited it as a victory for the freedom of speech
  • South Africans are not impressed with the ruling and believe that more harm is being done by allowing the song to be sung

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JOHANNESBURG – The Johannesburg High Court dismissed a civil society group’s attempt to rule the struggle song, Dubul’ ibhunu (Kill the Boer) as hate speech. AfriFroum sought to end the Economic Freedom Fighters’ use of the song at rallies.

eff ruling
The Johannesburg High Court ruled that the "Kill the Boer" song did not amount to hate speech. Image: Getty image & @EFFSouthAfrica
Source: UGC

The political party came under fire for singing the song which led to the group accusing EFF Leader Julius Malema of inciting violence. The “kill the Boer” case was dismissed with costs.

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AfriForum suffers devastating loss in "Kiss the Boers" case against EFF over insufficient evidence

Members of the EFF have celebrated the ruling and cited it as free speech and a cultural element of the liberation struggle of the country. However, the ruling also sparked further debates around the song.

Here’s how Briefly News readers reacted to the judgement:

Tsholohelo Nkgashu said:

“You see they want to ban the old apartheid flag but they can't ban the song this is a double standard and it's too regressive for the country.”

Sabelo Mazibuko wrote:

“Good. Fighters NOW let's talk about the land.”

Michael Sphelele Thutshini commented:

“As South Africans now I think it's about time we continue with the healing process we began in 1994 and focus on removing the ANC and try to find a new government formula instead of distancing each other with hate you see where that led us too ANC robbing the country dry my take. Proudly South African.”

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Tsholohelo Nkgashu posted:

“This is biased and unacceptable how do we move forward while the song is still permitted to prevail?”

Albano Amorim stated:

“This troublemaker who is contributing to SA not moving forward, must disappear.”

AfriForum loses “Kiss the Boer” case, judge dismisses the case because of lack of evidence

In a related matter, Briefly News also reported AfriForum has lost the “Kiss the Boer“ case after Judge Edwin Molahlehi dismissed the lobby group’s application to declare the song hate speech.

The court ruled that declaring the song hate speech would curtail the right to freedom of expression. According to News24, the right-wing lobby group took the Economic Freedom Fighters and its leader, Julius Malema, to court in the attempt to have Malema and party MP Mbuyiseni Ndlozi pay R500 000 for singing the song.

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AfriForum was also unsuccessful because all five of the lobby group’s witnesses were disqualified, eNCA reports.

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Source: Briefly News

Authors:
Bianca Lalbahadur avatar

Bianca Lalbahadur Bianca Lalbahadur is a current affairs journalist at Briefly News. With a knack for writing hard-hitting content, she is dedicated to being the eyes and ears of South Africans. As a young and vibrant journalist, Bianca is passionate about providing quality and factual stories that impact citizens. She graduated from the Independent Institute of Education in 2017 and has worked at several award-winning Caxton associated community newspapers.