AfriForum hate speech case against EFF dismissed

AfriForum went to court after EFF members chanted Dubul’ibhunu, which translates to “Shoot the boer”, outside the Senekal Magistrate’s Court.

EFF leader Julius Malema testifies in a civil case brought by AfriForum in the High Court in Johannesburg on 16 February 2022. Photo: @EFFSouthAfrica/Twitter.

JOHANNESBURG – AfriFroom has lost a hate speech case against the Economic Freedom Fighters (EFF) over the party’s use of “Shoot the boer”.

The lobby group’s case focused on six instances between 2016 and 2019 when the fight song Dubul ibhunuwhich translates to “Shoot into a storm” has been used by party members as well as EFF leader Julius Malema himself at rallies and the like.

The case was heard in the High Court in Johannesburg in June.

Justice Edwin Molahlehi delivered his ruling on Thursday morning.

Scenes of jubilation broke out outside the court, where a crowd of EFF supporters had gathered, after the ruling was handed down.

At the trial, Ernst Roths of AfriForum appeared as an expert witness.

However, Justice Mollahlehi said in his judgment that the role of the expert witness was to assist the court and not to cause passion.

And he said that even from the lobby group’s version, it was clear that Roetz was disqualified from being an expert witness in the case and did not qualify as an expert witness.

The judge also found that many of the testimonies of AfriForum’s other witnesses were not helpful to the court and, moreover, that the group had failed to show that the EFF had breached the Equality Act.

When it came to Malema’s testimony on the stand, he found no reason to reject it. It also accepted testimony from an EFF expert.

Case dismissed with court costs.

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