Court rules singing Dubul’ ibhunu not hate speech
Image: Alaister Russell/Sunday Times
This is the judgment that was delivered on Thursday by the Equality Court sitting in Johannesburg in the hate speech case brought by lobby group AfriForum against the singing of the song by EFF leader Julius Malema and MP Mbuyiseni Ndlozi at the party’s events.
Judge Edwin Molahlehi said AfriForum’s witnesses in the case failed to provide evidence that the song constitutes hate speech or incites violence.
Molahleli said the song is a form of freedom of expression and that AfriForum failed to show that the song contravened the Equality Act.
“AfriForum failed to show that the lyrics of the song are based on any prohibited grounds in the Equality Act. It failed to show that the song promotes harm or leads to any violence. If I rule that the song constitutes hate speech, that will be curtailing of freedom of speech,’’ said Molahleli.
During the case, AfriForum argued that the singing of the song incites violence and contributes to an increase in farm attacks.
Malema testified that the singing of the song plays no role in farm attacks.
Molahleli said he finds no reason to reject Malema’s evidence.
kokam@sowetan.co.za