Tuesday, May 17, 2011
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.”"
[image from Mail and Guardian slide show]