Malema, Economic Freedom Fighters singing ‘Kill the Boer’ ruled not hate speech

outside Senekal magistrate’s court where the murder accuseds of farm manager Brendin Horner appeared.

Molahlehi ruled that AfriForum’s evidence and submission failed to show that the “EFF contravened the provisions of the Equality Act by singing the impugned song. It has failed to show that the lyrics of the impugned song are based on prohibited grounds set out in the Equality Act”. In contrast to AfriForum’s proposition that the song’s hate speech is premised on the literal interpretation of the lyrics, Malema previously testified that the freedom songs “should not be interpreted literally, but within the context of the struggle and the political message that it sought to agitate”.

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