Julius Malema is being “muzzled” because of his political ideas, his lawyer said during closing arguments in the hate speech case against the African National Congress Youth League (ANCYL) president on Friday.
“The entire body of evidence relates to the political ideas of Mr Malema. Mr Malema is being muzzled,” Vincent Maleka told the South Gauteng High Court in Johannesburg, sitting as the Equality Court.
Maleka was referring to Malema’s opinions on issues such as land reform and nationalisation of mines.
He said claims the song “dubul’ ibhunu” intimidated people were not borne out by any logic or evidence.
“When does the intimidation start? When the song was sung during the struggle no one had a problem with it.”
Sensitivities
He said Malema had explained to students at the University of Johannesburg, when he sang it for the first time last year, that it was sung to remember those “comrades” who had died in the struggle.
“Boer” was a reference to apartheid, Maleka argued.
Civil rights group AfriForum and farmer’s organisation TAU-SA wanted the judge to redefine the word, Maleka said. He suggested a farmer should have sat in the witness box and explained to the court how the song made him feel.
Judge Collin Lamont said farmers were too nervous to come to court.
Maleka said he understood there were “sensitivities” on both sides. However singing “dubul’ ibhunu” did not demonstrate a clear intention to be hurtful, incite violence, or propagate hatred.
He said AfriForum’s case was founded on a misconception caused by the translation of the song, which was an “otherwise harmless art form”.
“Since this has started there has been no act of violence or attempt of violence [against farmers].”
If an order was handed down that stopped Malema from singing the song it would not stop others from singing it, he said. — Sapa