Court erred in hate speech case judgment: AfriForum

Lobby group Afriforum says the law was not properly applied by the Equality Court before dismissing the case of the song ‘Dubul’ ibhunu’ or ‘Kill the Boer’ as hate speech.

The High Court in Johannesburg found that AfriForum had failed to prove the lyrics could reasonably be construed to demonstrate a clear intention to harm or incite harm or propagate hatred.

Judge Edwin Molahlehi also found that the evidence given by the lobby group’s witnesses did not assist the court. Afriforum argued the song constituted hate speech and incitement to do harm.

AfriForum’s Ernst Roets says he believes that the court erred in its judgment and has vowed to take their fight to the highest court in the land.

Roets says, “We are surprised by the judgment. I am shocked. I even believe the judgment was not a proper application of the law when it comes to hate speech, so that is something we are concern about. We are also concerned about the way the court dealt with the evidence. He gives us an impression that an appeal in this case would actually be easy. This song indicates a clear intension to cause harm. The law was not properly applied in this case.”

VIDEO: AfriForum reacts to ruling on its civil case against the EFF being dismissed with costs: