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The ANC, Julius Malema, AfriForum and TAU SA have signed a settlement agreement in the Malema hate speech case, "in which the ANC and Malema acknowledge that certain words in certain struggle songs can be experienced as hurtful by minority communities".

This is according to a statement by AfriForum, which said they undertook to encourage their supporters to refrain from hurtful actions.

Tomorrow (1 November) the Supreme Court of Appeal in Bloemfontein will be approached to make the settlement agreement a court order.   

According to Kallie Kriel, CEO of AfriForum, the organisation is happy with the agreement that was reached. "From the outset AfriForum’s actions were aimed at preventing hurtful songs from being sung about Afrikaners. This agreement, in which the ANC commits itself in a court order to avoid the use of hurtful words in songs, is exactly what AfriForum hoped to achieve."

He said the agreement was of historical significance, "since it is the first time since 1994 that the ANC and institutions from a minority community have entered into a written political agreement about matters that closely affect minorities".

The agreement includes, among other things, that the:

ANC and Malema recognise that certain words in certain struggle songs may be experienced as hurtful by members of minority communities; 

ANC and Malema commit to counselling and encouraging their respective leadership and supporters to act with restraint to avoid the experience of such hurt;

Parties agree that it is crucial to mutually recognise and respect the right of all communities to celebrate and protect their cultural heritage and freedom; and

The parties commit to a continued formal dialogue between leaders of the ANC and leaders of AfriForum, TAU SA and other interested parties to promote mutual understanding of their respective cultural heritages and aspirations. 

Sapa reports that the ANC today announced it has dropped its appeal against a court order that effectively bans signing of the song “Shoot the Boer”.

ANC lawyer Leslie Mkhabela said the agreement on the song “Dubula Ibhunu” was signed by the party, civil rights group Afriforum, and agricultural union Tau SA on Tuesday night.

He said the agreement reads: "The parties have agreed that Afriforum and Tau SA will abandon the Equality Court order, and the ANC and [former ANC Youth League president Julius] Malema agree to abandon the appeal to the Supreme Court of Appeal".

“The parties agree that the mediation agreement... shall be made an order of court by the Supreme Court of Appeal.” 

The court had been scheduled to hear the ANC’s appeal tomorrow (Thursday).

In September last year, the High Court in Johannesburg, sitting as the Equality Court, convicted Malema of hate speech after an action brought by Afriforum.

Judge Colin Lamont held the words undermined people’s dignity and were discriminatory and harmful.

Malema lost an application in November for leave to appeal directly to the Constitutional Court against the hate speech ruling. He filed a notice of appeal with the Supreme Court of Appeal in December. Lamont granted him leave to appeal.

African National Congress secretary-general Gwede Mantashe said Malema was not available to attend the signing of the agreement because he was writing exams.

Mantashe was mandated to sign on his behalf.

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Comments

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Thu May 23 09:25:35 SAST 2013 ::

Oct 31, 2012

cornelius

Sounds like a lot of un specific hogwash to me. Unspecific hogwash gives no certainty and cannot be enforced. So is the singing of the song, which incites the k.illing of a certain section of the population unconstitutional or not ?
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Oct 31, 2012

SOLUTIONS

So Sowetan block the comments on Lekota so that we must come and comment on the new BS story?
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Oct 31, 2012

unpredictable

No Malema Again... i sometimes wonder what would sowetan be without JUJU
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Oct 31, 2012

SOLUTIONS

Cornelius, I see this is now on a few news sites, it is just to get hits because when things is made public tomorrow then they have more to write about.
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Oct 31, 2012

warry

I am about to sleep.
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Oct 31, 2012

Arewanga

That is just a struggle song and it must be sang, i support it.
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Oct 31, 2012

Dubul'Amanzi

Anyway I will continue to sing the song when i'm with my comrades.
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Oct 31, 2012

Neon

Good, this song belongs in the archives with apartheid.
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Oct 31, 2012

unpredictable

it sound very nice and meaning full in zulu hey! the song that is,.....
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Oct 31, 2012

Neon

Arewanga, no it is not "just" a struggle song. Farmers are actually being murdered on farms.
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