'Shoot the boer' still hate speech says judge

THE singing and chanting of the "Shoot the boer" song is still banned as judgment for leave to appeal was reserved in the Johannesburg high court yesterday.

Judge Leon Halgryn still maintained that the singing of the song amounts to hate speech and was unconstitutional whether they replaced the word "boer" with words such as "Jew", "faggot" or others.

Halgryn stressed the fact that he did not know what the ANC's use of the chant was and said he didn't have enough evidence to take this matter to a higher court.

"Your client does not tell me the context in which they wish to use this chant. Contextualise it to me before I can grant you leave to appeal."

"With all due respect not (so) my lord," said the ANC's lawyer Gilbert Marcus.

Marcus said that he had given the court all the information it needed to grant the ANC leave to appeal.

Earlier this year, ANC Youth League president Julius Malema sang the lyrics at a University of Johannesburg rally, sparking outrage among Afrikaners and farmers, who believed the song was directed at them.

In April, days before right-wing leader Eugene Terre'Blanche was murdered in an apparent wage dispute with two farm workers, AfriForum secured an interdict against the singing of the song in the high court in Pretoria.

The interdict came on the heels of a court ruling in March in the Johannesburg high court when Halgryn ruled the singing and publication of the song was unconstitutional and unlawful.

"Unreservedly, the words form part of a populous and they have a place in our history but for goodness sake is there still space for it today?" Halgryn said.

Marcus said, however, that the ANC did not seek unqualified use of the chant.

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