The lobby group AfriForum say the South African Human Rights Commission (SAHRC) failed to keep its promise to take Economic Freedom Fighter (EFF) President Julius Malema, to the Equality Court for his hate speech “Kill the Boer”.
MALEMA TO HIGH PROFILE FOR THE SAHRC
AfriForum asked if the Malema has become to high profile for the human rights commission to take him to court.
The lobby group demanded a response from the SAHRC on Thursday 10 January 2023.
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The organisation said the commitment of the SAHRC to hold Malema accountable has yet to materialise.
COMMISSION PROMISE TO TAKE MALEMA TO COURT FOR “KILL THE BOER”
In August 2023, AfriForum lost its bid agaisnt Malema to have the struggle song “Kill the Boer” declared as hate speech.
The judge said AfriForum failed to show that the lyrics of the song contravene the Equality Act or demonstrate a clear intention to harm or incitement.
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The lobby group was then granted leave to appeal the Kill the Boer rulling.
Ernst van Zyl, Campaign Officer for Strategy and Content at AfriForum said AfriForum, thousands of its members and members of the public submitted complaints to the SAHRC about statements Malema made at an EFF meeting on 16 October 2022.
AfriForum says on 8 November 2022 the SAHRC gave Malema written notice to retract these statements as it found the statements to be hate speech and incitement to violence, and to apologise.
“It promised that, should Malema failed, they would take him to the Equality Court to obtain an interim interdict.,” Van Zuyl said.
“In light of Malema and the EFF refusing to apologise and no apparent sign of the SAHRC keeping to their word to take Malema and the EFF to court, AfriForum has demanded in a attorney’s letter that the SAHRC provide written feedback.
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AFRIFORUM VOWS TO FIGHT AGAINST MALEMA’S HATE SPEECH
“If the Human Rights Commission does not keep its promises, how can those targeted by hate speech or incitement to violence find any assurances in its future pledges?”
Ernst van Zyl
AfriForum asked if Julius Malema was above the law and if he has become too high profile for the SAHRC to take on in court.
“Does the HRC consider hate speech against certain minority groups less serious than others?” Van Zyl asked.
AfriForum said it will continue to fight against hate speech and incitement of violence against minority communities by high profile politicians and political parties