Malema's ruling might escalate racial tension in SA

THE much-anticipated judgment in the hate speech hearing of ANC Youth League president Julius Malema will finally be handed down this morning in the Johannesburg high court, which sits as the equality court.

Judge Colin Lamont will have the arduous task of telling the nation whether the contentious liberation song Dubul'ibhunu is still a relevant tool in the fight against economic oppression, or an apartheid relic that promotes hate speech against the minority white Afrikaans populace, as civil rights group Afriforum contends.

Whatever the ruling, one group will feel their concerns were not addressed - a feeling that could see racial tensions escalate.

Afriforum, which brought the case against Malema after he sang the song on five occasions between March and April last year, has asked the court to declare the song hate speech and prevent Malema and other politicians from singing it again.

Afriforum contended Dubul'ibhunu was an "objectionable utterance" that:

• caused or perpetuated systemic disadvantage to those targeted;
• adversely affected the equal enjoyment of the rights and freedoms of those targeted;
• promoted or propagated hatred against certain ethnic groups; and
• contravened the Promotion and Prevention of Unfair Discrimination Act.

Afriforum also asked the court to force Malema to pay R50000 to TAU's trauma fund.

The ANC, speaking through heavyweights Gwede Mantashe, Collins Chabane, Derek Hanekom and Dr Wally Serote, told the court:

• liberation songs served to educate comrades;
• banning the song would be tantamount to banning culture; and
• "ibhunu" referred to the apartheid system, not individuals

Agricultural union TAU said it had recorded 1489 farm murders from 2633 attacks but could not directly link those to the singing of Dubul'ibhunu .