The African National Congress (ANC) is allowed to intervene in the hate speech case against its youth league president, Julius Malema, Judge Colin Lamont ruled on Friday.
“The ANC is joined to the proceedings as the first intervening party,” he told the Equality Court, sitting at the high court in Johannesburg.
The Transvaal Agricultural Union (TAU) was joined as the second intervening party.
The ANC has until Tuesday next week to file the necessary documents, he ruled.
The case is related to Malema’s use of the phrase “shoot the boer” in a liberation song. Afrikaner interest group AfriForum laid the hate speech complaint against Malema last year for singing the song on a number of occasions.
The complaint was lodged with the Equality Court — procedures, therefore, were different to that of a normal court.
The Equality Court was compelled to hold an inquiry, said Lamont, in a “prescribed manner” to determine whether discrimination or hate speech had taken place as alleged. The inquiry process was designed to allow parties involved to participate with the help of the presiding officer.
Timetable
He expressed concern that the application to intervene was brought at a late stage in the case — but said the parties who sought to participate, the ANC and TAU, indicated that they would adhere to the timetable set by the court.
“If the two parties are allowed to intervene … there is no prejudice to the hearing date,” he said.
On Thursday, the ANC’s counsel, Vuyani Ngalwana, argued that the ANC’s “propriety right” to the song was the main reason it should be allowed to intervene in the matter. The second point raised by Ngalwana was the ANC’s right to freedom of expression as enshrined in the Constitution.
The TAU sought to intervene because the song made reference to its members — farmers — depending on one’s interpretation of the word “boer”.
“There appears to be minimal opposition [to the parties joining] … they represent a sector of the community.
“Parties have evidence that they wish to put before me which other parties may not put before me for whatever reason,” Lamont said.
AfriForum opposed the ANC’s and TAU’s intervention and proposed that both parties be allowed to submit affidavits in the matter, but not be admitted as full-scale litigants.
Lamont, however, disagreed with this, saying evidence the parties presented may be disputed, they would be exempt from costs orders if they are not admitted as litigants, and they would not have the “rights and duties” of applicants in the case.
Part of its heritage
Speaking after proceedings, AfriForum spokesperson Willie Spies said the organisation respected the judge’s decision.
He added that it may be beneficial to have the ANC in court.
“The battle is not against the song but the way in which it is used to incite hatred among communities,” Spies said. “Initially the approach was aimed at the song as a whole, now we have limited it to the specific phrase in the song [shoot the boer]”.
The merits of AfriForum’s case would be heard on April 11.
The case centred on Malema’s use of the phrase in the song on specific occasions — including in Polokwane, at the University of Johannesburg, in Rustenburg, in Mafikeng and in Harare, Zimbabwe in March and April last year.
The ANC believed the song is part of its heritage, while the TAU and AfriForum believe it contributed to the murder of Afrikaners and farmers. — Sapa