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Malema hate speech case starts Monday – AfriForum

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 

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 

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 


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