The Equality Court in Cape Town has found EFF leader Julius Malema guilty of hate speech and ordered him to issue a public apology.
The case was brought by the South African Human Rights Commission (SAHRC) and Dante van Wyk, who felt threatened by the speech Malema made.
The two parties complained about the remarks Malema made during a speech. He made the speech at the EFF Western Cape People’s Assembly on October 16, 2022.
According to the court documents, Malema called for a follow-up on a white man who was seen on video during the Brackenfell High School protests in November 2020.
Incitement to kill
“Tell that white man to try me. I’ll come many times here in Western Cape, appearing (in) a court case. Because no white man is going to beat me up and (I) call myself a revolutionary the following day.
“You must never be scared to kill. A revolution demands that at some point there must be killing. Because the killing is part of a revolutionary act,” said Malema.
Judge Sher found that these words went beyond political rhetoric and clearly incited violence.
Malema’s statements were found to have amounted to hate speech and unfair discrimination. This is under the Promotion of Equality and Prevention of Unfair Discrimination Act.
Sher explained that freedom of expression is a cornerstone of democracy. However, it does not protect speech that incites harm or promotes hatred.
Public apology
The court ordered Malema to make a public apology within 30 days. This apology must be published in a media statement an on his official social media platforms.
“The respondents shall be liable, jointly and severally (the one paying the other to be absolved), for the complainants’ costs of suit, which costs shall include the qualifying fees, travelling costs and costs of attendance of the expert witness Dr K Van Der Berg, and the costs of two counsel (with one counsel on scale C and one on scale B),” reads the court document.
