AfriForum Loses “Kiss the Boer” Case, Judge Dismisses the Case Because of Lack of Evidence

AfriForum Loses “Kiss the Boer” Case, Judge Dismisses the Case Because of Lack of Evidence

  • AfriForum has failed to get the "Kill the Boer" struggle song declared as hate speech
  • Judge Edwin Molahlehi dismissed the case and ruled that declaring the song hate speech would curtail freedom of expression
  • The lobby group are now expected to pay the cost of legal fees after their loss

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AfriForum lost the "Kiss the Boer" case
Afriforum suffered a devastating loss after the "Kiss the Boer" case against the Economic Freedom Fighters was dismissed. Image: GIANLUIGI GUERCIA/AFP
Source: Getty Images

JOHANNESBURG - 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 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.

Read also

"Kiss the Boer" court verdict fails to spark joy in South Africans, “This is biased and unacceptable"

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

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Molahlehi found that Ernst Roets, one of the witnesses, was too invested in the matter and did not meet the standards of a witness. The other witnesses failed to show how the struggle song had any repercussions on the farm murders.

Judge Molahlehi found that AfriForum failed to make its case and dismissed the application.

South Africans React

South Africans took to Twitter to share their views on the outcome of the case.

Here are some comments:

AfriForum threatens Panyanza Lesufi with R500k defamation lawsuit if he fails to apologise by Friday

Previously, Briefly News reported that MEC for Education in the Gauteng province, Panyanza Lesufi, has found himself in deep financial waters after he claimed the lobby group AfriForum is a racist organisation.

Read also

Unpaid legal fees and court documents stall whistleblower Babita Deokaran's murder trial

AfriForum has not taken the allegation lightly and has given Lesufi until Friday, 29 July, to publicly apologise for the remark or face a defamation lawsuit of R500 000.

According to SABC News, Lesufi made his remarks shortly after being elected as the Gauteng provincial chairperson of the African National Congress last month. Ernst Roets, AfriForum's Head of Policy and Action, stated in reaction to Lesufi's utterances that free speech is important but should not be used irresponsibly.

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Source: Briefly News

Lerato Mutsila avatar

Lerato Mutsila (Current affairs editor) Lerato Mutsila is a journalist with 3 years of experience. She obtained a Bachelor of Arts in Journalism from Pearson Institute of Higher Education in 2020, majoring in broadcast journalism, political science and communication. Lerato joined the Briefly News current affairs desk in August 2022. Mutsila is also a fellow of the 2021/2022 Young African Journalists Acceleration programme, which trained African journalists in climate journalism. You can contact Lerato at

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