“Kill The Boer” Ruled Incitement To Murder
In a ruling seperate from the hate speech charges brought against ANCYL leader Julius Malema, a South African High has ruled the old ANC battle anthem “Kill The Boer,” also known as “Shoot The Boer,” is incitement to murder.
IOL News reports that in his order, Judge Leon Halgryn said “… the publication and chanting of the words ‘dubula ibhunu’, prima facie satisfies the crime of incitement to murder.”
The case was originally brought up last March by Mpumalanga farmer Willem Harmse, who had a dispute with his friend Mohammed Vawda over the song. The two, who belong to the group The Society for the Protection of Our Constitution, planned a protest march against crime and farm murders. Vawda wanted to use the slogan, “Shoot The Boer” in a sign for the rally, thinking “Boer” meant “Apartheid.” Harmse disagreed, saying the term was a call to murder White-Afrikaner-Boer in South Africa.
Judge Halgryn declared in the original case that the song is illegal and unconstitutional. The ANC appealed, arguing the ruling meant the anthem could not be discussed in classrooms and ANC war veterans could not sing the song during private meetings.
In Halgryn’s latest judgment, he added the words “to commit murder” onto his original finding that the song is incitement. He also ordered that a copy of his judgment be forwarded to the Law Society, ordering it to investigate the conduct of the lawyer who represented Harmse and Vawda.
Afriforum lawyer Willie Spies, who had also applied to intervene in the appeal application, told Sapa this effectively prohibits the singing of “Kill The Boer” by anybody and makes it a crime.