Court to hear appeal by AfriForum as Julius Malema sings ‘Kill the Boer’ again

The Supreme Court of Appeal (SCA) will sit on September 4 for the appeal against the Equality Court’s finding that the EFF’s singing of Kill the Boer was not hate speech.

Civil rights organisation AfriForum challenged the Equality Court’s outcome after it lost its court bid, which acquitted EFF leader Julius Malema of hate speech for singing the struggle song.

Despite having told the court in 2022 that he changed the lyrics to “Kiss the Boer”, Malema was heard singing the song along with thousands of EFF supporters at the party’s 10th anniversary celebration at FNB Stadium on Saturday.

AfriForum CEO Kallie Kriel said the SCA case is part of its strategy to oppose Malema’s “racist and polarising” actions.

This would be done through legal action, the mobilisation of community safety structures and the promotion of mutual recognition and respect between cultural communities, he said.

Having appointed a prominent senior advocate to take on the matter at the SCA, AfriForum will head to the Constitutional Court if it has to, Kriel said.

“I believe AfriForum has a strong case against Malema, but should the SA courts find it is acceptable for Malema to sing songs that incite genocide against minorities, AfriForum will pursue the case internationally,” Kriel said.

In addition, AfriForum’s 168 neighbourhood watches and volunteers are ready to oppose any attempts at violent acts by the EFF.

The organisation’s third strategy is to conclude agreements of mutual recognition, respect and co-operation with different cultural communities. Kriel said this will transform into a co-operation network against polarising actions.

FF Plus leader Pieter Groenewald opened a criminal case against Malema on Monday while the DA reported the EFF leader to the UN Human Rights Council.

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