South Africa’s Equality Court ruled Thursday that Economic Freedom Fighters (EFF) leader Julius Malema’s statements at a rally on 16 October 2022 constituted hate speech, finding that they were a direct call to violence based on race and political affiliation.
The court emphasized that these statements were not metaphorical or political commentary but “clear exhortations to violence” with the intent to incite harm and hatred.
The South African Human Rights Commission (SAHRC) praised the ruling, noting that freedom of expression “does not extend to advocacy of hatred that constitutes incitement to cause harm, particularly where persons in positions of power or influence make such statements.”
Melema’s remarks referenced a violent incident at Brackenfell High School in Cape Town that saw protesters gather in objection to a “whites-only” graduation dance reportedly organized by school parents.
Melema called for retaliation against a man who was involved, allegedly urging members of the crowd to take the man to an “isolated space” where he should be “attended to properly.”
He reportedly added that “revolutionaries should not be afraid to kill.”
The party leader has previously created controversy over repeated performances of the isiXhosa protest song Dubul’ ibhunu (“Kill the Boer” or “Kill the Afrikaner”) at EFF rallies.
The song originated during the apartheid-era in opposition to white minority rule and landownership.
Recent performances sparked debate over the party’s message, with some public figures, including Elon Musk, interpreting the song as promoting “white genocide.”
The ruling comes amid broader legal and political developments in South Africa regarding hate speech and builds on a long history of judicial scrutiny over provocative political speech.
In 2020, the Constitutional Court struck down the Riotous Assemblies Act’s provisions on incitement, emphasizing that legislation must carefully balance the protection of public safety with the constitutional right to freedom of expression.
In 2024, President Cyril Ramaphosa signed the Preventing and Combating of Hate Crimes and Hate Speech Bill, criminalizing statements intended to incite hatred or harm based on race, gender, or other protected characteristics.
White South Africans reportedly comprise roughly seven percent of the population but own about 73 percent of privately held land.
The group occupies 62 percent of top corporate management roles, while Black managers hold just 17 percent of leadership positions.
Many who claim white South Africans are targets of racial animosity cite “farm killings” in rural areas of the nation.
However, the South African government and crime experts have repeatedly cited data that refutes this claim and have called contrary views, like those promulgated by US President Donald Trump, misinformation.
(Jurist)
