By Carolyn Abdenour
Impunity Watch Reporter – Africa

JOHANNESBURG, South Africa – Julius Malema, South Africa’s African National Congress (“ANC”) youth leader, accused South Africa’s courts of being racist on Wednesday, 14 September, after they convicted him of hate speech on Monday, 12 September.  The court held Malema’s signature song ‘Dubul ibhunu’ roused hatred.  Loosely translated, the song means, “Shoot the Boer”.

Judge Collin Lamont categorized the song as hate speech.  He banned people from using the song’s word in private or public.  However, ANC supporters began singing the song minutes after the ruling, and police did not arrest the singers outside the courtroom.

Afrikaner rights groups led by AfriForum filed a legal complaint to ban Malema from singing the song.  AfriForum believes the song incites violence towards the Afrikaners, a white minority ethnic group in South Africa who ruled the country under Apartheid.  Although the ANC and Malema stated they plan to appeal the verdict, the BBC reports analysts fear ANC will face difficulties disciplining him as this verdict increases his popularity.

The song discusses Afrikaners and farmers, and it became popular during the anti-apartheid movement.  Malema responded to the verdict with “Once again we find ourselves subjected to white minority approval.  Apartheid is being brought through the back door.”

Malema argues the song symbolizes the ongoing fight against oppression and injustice.  He asserts the word “Boer” refers to the Apartheid system, not Afrikaners.  Moreover, Malema emphasizes these songs should be protected by the law.  He intends to ask Parliament to protect these liberation songs as a part of the country’s anti-apartheid heritage.  Malema said “The judge alone takes the decision to ban the people’s song.  It’s an unfair practice which we must not just accept.  We must fight it.”

South Africa’s laws and liberal constitution written after Apartheid are interpreted by white judges appointed under Apartheid along with judges of all races appointed after Apartheid.  Malema, a black man, feels the government has not changed the judicial system enough after Apartheid.

The ANC is currently conducting disciplinary hearings against Malema for violating the ANC constitution, calling to overthrow the leader of Botswana, and undermining South Africa President Jacob Zuma.  The police are also investigating Malema for corrupting government contracts.

Malema believes he is a victim of a witch-hunt due to his opposition against Zuma.  However, Malema supported Zuma’s rise to power in 1999.

The court held Malema responsible for singing the song in public.  Malema responded that “Even if I wanted, I would not have the capacity (to compose it). I have got limitations. I sing badly, I have got no copyright (on it).”

For further information, please see:
BBC – South Africa’s Julius Malema denounces ‘racist’ courts – 14 Sept 11
IOL News – ANCYL to ‘demand legislation’ to protect song – 14 Sept 11
The Washington Post – South Africa: ANC youth leader calls courts racist after losing hate speech case – 14 Sept 11
Aljazeera – ‘Shoot the Boer’ freedom song banned – 12 Sept 11