Court asked to join Malema and ANC cases
Civil rights group Afriforum wants the Supreme Court of Appeal to hear the Malema hate speech and the “Dubula iBhunu” appeals together
The court will hear the appeal on the lyrics of “Dubula iBhunu” (shoot the boer) on September 3.
The words “Dubula iBhunu” were declared incitement to murder in a judgment handed down in the High Court in Johannesburg in May 2011 by Acting Judge Leon Halgryn.
That judgment relates to two members of the Society for the Protection of the Constitution where one member, Mahomed Vawda, planned to use the words at an anti-crime march in Mpumalanga last year.
It was was separate to the hate speech case brought by AfriForum against African National Congress Youth League president Julius Malema in the Equality Court, in Johannesburg, in September which related to words Malema sang at gatherings around the country.
An agreement was reached in the “Dubula iBhunu” case, in which a settlement was secured for an order prohibiting the singing of the words.
The ANC applied for leave to appeal.
At the time, AfriForum applied for permission to be admitted as an intervening party to the “Dubula iBhunu” case, which fell away with the high court agreement.
AfriForum’s legal representative Willie Spies said the ANC’s appeal to the Supreme Court of Appeal (SCA) had created a new situation.
Spies said AfriForum felt it would not be desirable if the matter was to be considered without hearing its arguments.
He said the group would ask the Registrar of the Supreme Court of Appeal for possible arrangements to hear the Malema hate speech appeal, as well as the appeal on “Dubula iBhunu” together.
The Malema matter is not yet on the SCA roll.