AfriForum wants to intervene in the ANC’s application for leave to appeal the ban of the words “shoot the boer” in the freedom song Ayesaba Amagwala, the Afrikaner rights group said on Sunday.
AfriForum’s lawyer, Willie Spies said the group and the Association of Lawyers for Afrikaans will apply for leave to “intervene” in the ANC’s application, for leave to appeal an earlier high court ruling.
Acting Johannesburg High Court judge Leon Halgryn in March said the singing and publication of the words “shoot the boer” in the song was “unconstitutional and unlawful” because it satisfied the crime of incitement.
The ANC’s application for leave to appeal would be heard on Monday at the High Court in Johannesburg.
In its court papers the party reportedly argued that the song formed part of the history of its liberation struggle and was still sung by its supporters.
This application was made on behalf of the ANC by deputy secretary-general, Thandi Modise — now North West premier — in October.
“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”.
“It is a notorious fact that the song in question has been sung by members and supporters of the ANC in diverse occasions.”
Spies said AfriForum would ask the court to dismiss the ANC’s application.
The matter is set down for 10am on Monday. — Sapa