In another twist involving the public protector’s office‚ the Minister of Co-operative Governance an.
ANC Youth League leader Julius Malema says he would rather go to jail than stop singing liberation songs like Dubul' ibhunu (kill the Boer).
"Apartheid took us to prison for singing these songs. If I am to be sent to jail under the new democratic order for singing them - then so be it," a defiant Malema said yesterday.
On Friday the Johannesburg high court had ruled that the singing of Dubul' ibhunu was unconstitutional and unlawful".
In his ruling Judge Leon Halgryn said any person found singing the song could face charges of incitement to murder.
The ruling follows Malema's recent singing of the song while addressing students at the University of Johannesburg.
Malema said the song was not about killing "any individuals but about fighting the system of apartheid - which still persists even after the 1994 democratic elections".
He accused the court of continuing to represent the interest of the ruling class.
The application to the high court was brought by Willem Harmse, who insinuated that Malema's singing of the song in public had increased farm murders.
The Freedom Front Plus has also laid a charge of incitement in the Equality Court against Malema for singing the song. Malema is challenging the charge.
Yesterday Malema also dismissed the ultimatum given by the Pan African Youth Congress (Payco) that he should apologise by today or end up in the mortuary.
"Payco and its mother body (the PAC) are dead organisations. I do not apologise to ghosts," Malema said.
Payco's ultimatum came after Malema had accused the PAC of hijacking the March 21 1960 anti-pass campaign. Malema accused PAC leader Robert Sobukwe, who led the march in which 60 people were mowed down by apartheid security forces, of acting irresponsibly by leading so many people to their death.
The ANC had planned to have its protest march on March 31 - but the PAC - whose leaders had broken away from the ANC had organised their campaign on March 21.
PAC president Letlapa Mphahlele said yesterday: "We understand the frustrations of the youth wing. They are dealing with someone who rubbishes everyone."
He said the PAC did not have a policy to kill anyone they disagreed with.
Azapo general secretary Strike Thokoane said Malema had gone "crazy and needs to apologise".