ANC challenges 'Shoot the Boer' ban

The ANC filed an application for leave to appeal against the ban on the controversial song dubul’ ibhunu (Shoot the Boer), the Sunday Independent reported.

The party said the song formed part of the history of the liberation struggle and was still sung by its supporters, the newspaper reported.

This application was made on behalf of the ANC by deputy secretary general Thandi Modise before the Johannesburg High Court.

“I respectfully submit that judicial notice can be taken of the fact that the song in question is known and sung by literally tens of thousands of South Africans. The consequences of a violation of this order are self-evidently prejudicial,” Modise said.

She said the song formed part of the “history of the ANC’s struggle for liberation”, the newspaper reported.

The application follows a ruling by acting Johannesburg high court Judge Leon Halgryn in March who said the singing and publication of the song was “unconstitutional and unlawful” because it satisfied the crime of incitement.

The matter would appear before the court on November 29.

‘Predetermined outcome’
The party said in March that the judgement was a farce.

“It appears to us that an artificial contestation was created to arrive at a predetermined outcome,” said ANC secretary general Gwede Mantashe.

“They [the respondent and the applicant] are in the same organisation ... they went to court with a predetermined outcome. They went there to go through the motions.”

Delmas businessman Willem Harmse applied for the interdict to prevent his colleague Mohammed Vawda from using the words on banners and during a planned march against crime. Both men belong to the same organisation, the Society for the Protection of the Constitution. - Sapa

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