Malema hate speech case starts Monday – AfriForum
Willie Spies
07 April 2011
Willie Spies says ANC/YL claim no harm intended with singing of ‘shoot the
boer’
Commencement of hate speech hearing of Julius Malema
Next week Monday will see the commencement of the most prominent political
court proceedings since the acquittal of President Jacob Zuma in his
corruption trail, when the hate speech trial of AfriForum against ANC Youth
League President Julius Malema will start in the South Gauteng High Court in
Johannesburg.
AfriForum laid charges of hate speech against Malema after his repeated
singing of a controversial struggle song at his birthday party celebrations
in Polokwane, at the ANC Youth League rally, at a gathering at the
University of Johannesburg, in Rustenburg, in Mafikeng and in East London
during March 2010.
Malema even went on to sing the song, Dubul’ iBhunu (Shoot the Boer), in
Harare, Zimbabwe, after the North Gauteng High Court granted an interdict
against him to prohibit him from singing the song, pending the finalisation
of the Equality Court process.
At the time, Malema claimed that the South African courts’ ruling does not
apply in Zimbabwe. Malema also at the time accused the South African
judiciary of being the “most untransformed”, and said that the judges who
granted the orders against him were the very same judges who banned struggle
songs during the Apartheid years.
The ANC surprised everyone when it decided to join the proceedings in
February this year, shortly after it had effectively distanced itself from
Malema’s comments. The ANC and Malema will now be represented by the same
legal team and a leadership of advocate Vincent Maleka SC. In essence, the
ANC and Malema do not deny the words or the meaning of the controversial
struggle song, but alleges that the song is not being sung with the intent
to harm anyone.
To support its stance, Malema and the ANC intend to call various
high-profile witnesses to the stand. ANC Secretary-General Gwede Mantashe,
Minister in the Presidency, Mr Colin Chabane, ANC veteran Dr Wally Serote,
Deputy Minister of Science and Technology Derek Hanekom, and Malema himself
will be called to the stand.
AfriForum Deputy Chief Executive, Ernst Roets, will testify for AfriForum,
while a senior lecturer of music, Dr Annemarie Gray, will testify as an
expert witness on behalf of AfriForum.
Dr. Gray did a Masters thesis in music under the title, “The role of
struggle songs during the Apartheid era.”
Agricultural union TAU SA will also call various witnesses, including a
farmer who has recently been attacked on his farm, a criminology professor
from the University of Pretoria, and the chairperson of the FAK, Professor
Danie Goosen.
The trial is expected to continue for two weeks. AfriForum will on a daily
basis issue updates of the court proceedings at noon and after completion of
the day’s proceedings. Journalists are invited to register for this service
by contacting AfriForum’s Head of Media Liaison, Leané du Plessis.
Statement issued by Willie Spies, Legal Representative- AfriForum, April 7
2011