Tuesday, May 17, 2011

Hate Song Update from South Africa

The newest development from South Africa in the controversial "hate song" which roughly translates as "kill the Boer" which we discussed here,  is a an opinion denying the ANC leave to appeal and holding that the song is "unconstitutional."   In fact, the court finds that the phrase "prima facie satisfies the crime of incitement to murder." 

As South African constitutional scholar Pierre deVos explains, the issue is more properly expressed as whether or not the song can be criminalized as violative of the national Equality Act in a manner that is consistent with South Africa's Constitution section 16 regarding free speech.

The newest judgment arises from the April Equality Court case of Julius Malema in the South Gauteng High Court, which "has seen hundreds of Malema supporters camped outside the court singing and dancing, with a remixed version of the controversial song containing the lyrics “dubul' ibhunu”, or “shoot the boer.”"

  MALEMA

South Africa's Mail and Guardian has a terrific slide show complete with music here.

RR
[image from Mail and Guardian slide show]

http://lawprofessors.typepad.com/conlaw/2011/05/hate-song-update-from-south-africa.html

Comparative Constitutionalism, Race, Speech | Permalink

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Comments

I think people who do not understand Revolution songs should watch and learn.There are many of them with Boer mentioned.Are you going to go to court everytime one learns about a new one.Listen to the proceeds of the last Court case.Songs in Africa relate to incidents.African people will sing about an occasion or incident as this was related to the oppression that was being felt acutely during that era.Taking things out of context is leading to very uncomfortable and dangerous situations.Let's not say things that will lead to more misunderstandings!I think Dr Wally Serote is correct in thinking about an Archive of these songs,they are good and they kept the nation going,still are.

Posted by: Boniswa | May 18, 2011 2:39:38 AM

The winding of the Municipal Election the ANC is leading with high%.We are now looking forward to the Centenary celebrations.We will be singing the revolution songs with much much zeal.We've come a long way to be where we are.We still have a lot of throns to remove as this was more of a movement.It sometimes is a learning curve but so far ANC has managed to govern smartly.There are problems that need to be addressed.We have our stalwarts to look up to we are hoping for a spectacular occasion come 2012!2014s elections will be a total sweep over.

Posted by: Boniswa | May 20, 2011 12:12:07 AM

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