The Constitutional Court has ruled that all the nine workers dismissed by their company for singing a struggle song during a strike in 2013 be reinstated.
Management of the Gauteng based company Duncanmec had argued that the song containing the lyrics “my mother rejoices when I hurt a boer,” was racially charged and was sung in the face of management in a disrespectful and aggressive way.
The company argued that the song had no place in the modern workplace since it was previously directed at the Apartheid regime.
However, the Constitutional Court found that in the context of that strike, the song was not racial.
Justice Chris Japhta delivered the judgment.
