(IOL.co.za) Judge Edwin Molahlehi handed down his ruling in the Equality Court, sitting at the Johannesburg High Court, on Thursday in the ’Dubul’ ibhunu’ — translated as “Shoot the boer” or “Kill the boer” — case involving Economic Freedom Fighters (EFF) leader Julius Malema and MP Mbuyiseni Ndlozi:
This matter was brought before the court as hate speech by AfriForum. The lobby group argued that the song, which can be heard at many EFF rallies, incites violence and fuels farm murders. They wanted Malema and Ndlozi to apologize and pay R500 000 damages.
Previously, Malema stated the party could not afford the exorbitant sum of money requested by AfriForum and further dismissed the claims of inciting violence.
During the judgment, the court found the song did not constitute hate speech and found AfriForum had failed to prove the matter. Judge Edwin Molahlehi said he has no reason to reject the evidence given by Julius Malema who testified earlier this year and explained the context and history of such struggle songs.
He further dismissed expert witnesses’ evidence brought before the court to testify by AfriForum. Molahlehi dismissed the case against the EFF with costs.
After the judgment members of the EFF could be be seen singing the song ‘Kiss the Boer’ in celebration of the party’s victory.
In a statement released shortly thereafter, the EFF welcomed the ruling. “The scathing judgement dismissed decisively the baseless case as concocted by self-proclaimed racist experts of AfriForum and was founded on hearsay.
“In a landmark judgement, the court ruled today, that AfriForum failed to show that the lyrics of the song contravene the Equality Act or demonstrate a clear intention to harm or incitement.
“Furthermore, the court ruled that the song must be protected under the rubric of free speech, and debate around the song must be left to the political contestation within society,” the party said.
It said the court finding the singing of ‘’Dubul’ ibhunu’’ and the incitement of harm to a person or robbery of a farm had no link.
The party has consistently emphasized that its liberation chants and struggle song are not instructions and none of its supporters recognized it as such.
“This aspect of the judgment is critical, as it not only undermines the baseless narrative by Swaart-Gevaar proponents, who want to create a picture that there is a white genocide in South Africa, but also undermines the racist trope that black people are irrational beings, who will kill because of a chant or a song.
“The case by the racists, which sought to erase the cultural element of the liberation struggle in South Africa, has fallen flat on its face,” the party said.
For commentary on this story, we will reprint a letter to the editor of IOL concerning this court ruling. The letter emphasizes how dependent Blacks are on the White Boer farmers — without whom they would all starve — as the Blacks proved when they ran the White farmers out of Zimbabwe and “plunged the country into famine.”
But as we previously reported, Senzeni Zokwana — South Africa’s Agricultural Minister — actually stated in 2018 that Blacks don’t need White farmers — because they get their food from grocery stores, not from farmers.
Appeals to logic, like the following letter to the editor, are destined to fall on deaf ears — the ongoing communist revolution in South Africa is fueled by irrational, violent, and psychopathic behavior — “instinctual black violence” — not logic.
In truth, a billion Africans on our continent depend on white farmers to avoid hunger and death. Egypt with a 10 000 year history cannot feed itself without wheat from white Ukrainian farmers, etc.
In my opinion, a farmer is more valuable than most people since a farmer must have insight, foresight and many other tangible abilities that are critical to cultivate food in a difficult milieu.
No disrespect, but when an ordinary, average worker dies, the family is duly affected but little else changes. When a farmer is killed, besides the direct family, many others, particularly farm workers and their families who are dependent on the farmer, are affected.
The point is, a farmer’s ability to grow food is more valuable to society compared with a taxi driver or even a lawyer or people in HR or insurance, etc. Anyone can sell shoes and clothes but not anyone can grow food and feed thousands…
As a society we must learn and accept that all people must be respected but some people are more valuable than others. When these valuable people are killed, the impact is more harmful to society.
Nowadays almost anyone can work in government or become a politician since no real education or actual skills and abilities are required. That is why 80% of municipalities cannot achieve clean audits.
Those who sing “Kill the Boer, kill the farmer” must ask themselves, can they farm potatoes or wheat and feed millions? What value do you give to this life or are you just another useless eater?
If a farmer is a racist or underpays workers, there are laws to manage the issue. In our nation where most people cannot feed themselves without state help, every tax and ratepayer is needed. Killing innocent people, especially farmers, is an act of terrorism which threatens our local food supply.