Court rules that ‘hitting the boer’ song is not racist
Use of the word 'boer' is 'not racist or racially offensive', though its use is inappropriate during a strike
The Constitutional Court has ruled that nine employees who were dismissed from Duncanmec for singing a struggle song that referred to “hitting the boer” should be reinstated as it was not racially offensive. The apex court handed down its judgment in an appeal application brought by the company against the employees on Thursday, saying the use of the word “boer” was “not racist or racially offensive”, though the use of the word during a strike was inappropriate. “But even if the singing had amounted to uttering racist words, dismissal of the employees could not follow as a matter of course. There is no principle in our law that requires dismissal to follow automatically in the case of racism. What is required is that arbitrators and courts should deal with racism firmly and yet treat the perpetrator fairly,” read the unanimous judgment delivered by judge Chris Jafta. The nine workers belonging to the National Union of Metalworkers of SA (Numsa) were issued with final written warning...
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