Friends of the court, Free State Market Foundation have submitted in the Supreme Court of Appeal (SCA) in Bloemfontein that no one is above the law.
The foundation argued that the application of hate speech law has become inconsistent and threatening equality before the law.
They have approached the SCA as a friend of the court to set precedence for all courts in the direction of equal application of hate speech law and non-racialism.
AfriForum seeks to declare the singing of ‘Kiss the boer’ and ‘Biza a ma’firebrigate (Call the Fire Brigade)’ constitutes hate speech and unfair discrimination.
Its application against the Economic Freedom Fighters (EFF), its leader, Julius Malema and EFF’s Mbuyiseni Ndlozi was dismissed by the Equality Court last year.
The Free State Market Foundation CEO, David Ansara says, “In our view, the earlier Equality Court judgment was elevating powerful politicians to a very high status, treating powerful people with difference and according to a different standard when it comes to South Africans hate speech law. So, our interest here, is to end the double standard in the application of hate speech law in South Africa.”
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