The Johannesburg High Court upheld a decision that Patriotic Alliance (PA) deputy president Kenny Kunene’s 2021 television interview, in which he used the word “cockroach” to refer to EFF leader Julius Malema, was hate speech under Section 10 of the Equality Act.
Judge Stuart David James Wilson’s ruling, which Justices Mfenyana and Wentzel concurred on, rejected Kunene’s appeal and mandated that he apologise publicly.
The case stems from an eNCA interview conducted on November 17, 2021, in which Kunene repeatedly referred to Malema as a “cockroach” in response to his criticism of a coalition agreement between the PA and the ANC.
Malema had labelled the PA “a party of criminals,” prompting Kunene’s harsh response.
The Equality Court initially ruled that Kunene’s language violated the Equality Act, a finding the high court affirmed.
Wilson emphasised the gravity of the term “cockroaches” by noting its historical association with dehumanisation and violence, particularly the Rwandan genocide.
Protected hate speech
“The use of ‘cockroach’ in political discourse is a call to treat its target as an object of hate, undermining the dignity of individuals and the nation’s social cohesion,” ruled Wilson.
He rejected claims that the term was protected political speech or a personal attack, arguing that it was directed at Malema’s political convictions and conscience, which are protected under the Equality Act.
The court clarified that, while terms like “criminal” or “little frog” used by Kunene were heated rhetoric, “cockroach” carried genocidal connotations, crossing into hate speech.
“Section 10 exists to prevent political debate from degenerating into mutual dehumanisation,” said Wilson, highlighting the law’s role in maintaining civil discourse.
Kunene was ordered to retract his statement and issue a written and oral apology within a month, with an interdict preventing future use of the term.
The PA shares liability for legal costs, and the court dismissed a claim that the appeal had lapsed due to procedural errors, calling it specious.
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