MALEMA'S 'KILL THE BOER' CHANT PROTECTED BY LAW

THE controversial political chant “Kill the Boer, kill the farmer” is protected by the constitution under the theme of freedom of speech. This is the interpretation of legal analysts following EFF leader Julius Malema’s chant on Human Rights day on 21 March.

- SIFISO MAHLANGU [e-mail]

While the chant has sparked outrage both within South Africa and internationally, several legal experts have confirmed that no law in South Africa can prevent Malema from singing this Struggle song.

The South African Equality Court ruled in August 2022 that the chant, often associated with the apartheid-era struggle, does not constitute hate speech or incitement to violence.

The court’s decision was a blow to AfriForum, a civil rights group that had filed a case against the chant, arguing that it incites violence against the country’s white farmers. The court found that the song was protected under South Africa’s freedom of speech and expression laws and should be considered a political statement rather than a literal call to violence.