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ANC 'appalled' at hate speech judgment

12th September 2011

By: Sapa

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The African National Congress (ANC) has bemoaned Monday's court ruling that translations of the words "shoot the boer" and "they are rapists" were hate speech.

"The ANC is appalled at the decision because we think the decision does not appreciate the history of the ANC and the history of the liberation movement," spokesperson Keith Khoza said.

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"It also did not, in our view, take into account the context in which the songs were sung."

He said the ANC would carefully study the judgment and develop a full understanding of its implications before deciding how to proceed.

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Earlier, Judge Collin Lamont ruled in the High Court in Johannesburg that the singing of the song constituted hate speech.

The words undermined the dignity of people and were discriminatory and harmful.

"No justification exist allowing the words to be sung... the words were in any event not sung on a justifiable occasion."

Afriforum, whose youth wing brought the application at the Equality Court, against Julius Malema, were "overjoyed" at the ruling.

Ernst Roets, chairman of Afriforum Youth at the time he laid the complaint, said the body were very happy with the ruling.

"We are grateful that the judge took a lot of effort to describe why and understand that a person is offended."

Malema was taken to court after singing "dubhula ibhunu".

Afriforum contended the words were threatening to minorities, and a threat to the safety of Afrikaners and farmers.

Outside the court, a crowd sang "dubhula ibhunu", in spite of Lamont saying that the courts could be approached again if there was contempt for his order.

"We are not scared," sang another group.

General secretary Sandiso Magaqa said the league would study the judgment before responding.

"We will defend the heritage of the ANC," he said, stressing that there was no other response until lawyers had been consulted.

League spokesperson Floyd Shivambu and Magaqa ignored questions when asked where Malema was.

Somke among the group outside said he was at the ANC's customary Monday National Working Committee meeting, while others suggested that he may be ill.

He and five other top league officials are defending themselves against disciplinary charges that they brought the ANC into disrepute.

On the first day of the hearing, groups of Malema supporters threw stones and bottles near ANC headquarters Luthuli House, in Sauer Street.

On Monday, three trailers of barbed wire, police cars and a riot truck set the scene, with black luxury sedans triple parked along the cordoned off section of road.

However, the street was quiet, with drivers dozing off in their vehicles, and Luthuli House staffers going about their daily business.

Malema's hearing was postponed on Sunday, to accommodate the hate speech judgment.

Khoza said he did not know where Malema was.

Asked what he would do about people singing the song again, Afriforum lawyer Willie Spies said: "We will first wait for the dust to settle. You can't gauge it 10 minutes after the judgment."

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