The ANC owns the struggle song containing the words “shoot the boer” and therefore should be allowed to intervene in a case which may see it outlawed, the South Gauteng High Court heard on Wednesday.
“The first point relates to the ownership of the song … proceedings may have the effect of … criminalising that song and this would impact on the propriety … of the ANC,” said advocate Vuyani Ngalwana, acting for the party.
The party is seeking to intervene in a hate speech case brought against ANC Youth League president Julius Malema by Afrikaner rights group Afriforum.
The song includes the lyrics “dubul’ ibhunu” — “shoot the boer” — in isiZulu.
The second point raised by Ngalwana was the ANC’s right to freedom of expression, as enshrined in the Constitution.
“The second nature of interest rides in freedom of expression that the ANC and its members have,” Ngalwana said.
Song likened to De La Rey
Ngalwana likened it to the Afrikaner folk song De La Rey.
He argued that it would be “the zenith of absurdity” to ban De La Rey.
“It is similarly absurd for Afriforum to suggest a struggle song … should be banned because there is this ingrained belief that black people are susceptible to be incited … to rise up and kill the first white person he sees.”
Ngalwana said the ANC had a “direct and substantial interest” in the case being heard before Judge Colin Lamont.
The Transvaal Agricultural Union of South Africa has also applied to intervene in the matter.
Its lawyer Loubser van der Walt said the organisation represented farmers who are referred to in the song.
“We are more directly influenced by this case than just a normal Afrikaner. We have access to the best statistics about incidents that happened on farms and about the effect of the song on the farming community.”
Afriforum initially lodged a complaint in the Equality Court last year, but the case was moved to the high court due to the national interest of the case.
On Thursday, Lamont heard argument on the ANC and TAU’s application to intervene in the case and not on its merits. – Sapa