Civil rights organisation AfriForum has condemned what it called the Constitutional Court’s decision to "legalise" calls for violence against Afrikaners and farmers, exemplified by the chant “Kill the Boer".
In 2022, the Equality Court dismissed AfriForum's initial application, ruling that the chant did not constitute hate speech. This decision was upheld by the Supreme Court of Appeal (SCA) in 2024.
The Constitutional Court’s latest ruling stated that AfriForum’s application “bears no reasonable prospects of success”.
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Kallie Kriel, CEO of AfriForum, expressed deep concern over the implications of this ruling.
He emphasised that the transition to democracy in 1994 gave the impression that the Constitution and the Constitutional Court would protect all human rights, including those of Afrikaners.
“After this shocking court ruling, we see this is no longer true. We are witnessing an increasingly radical implementation of the Constitution and an increase in ideologically driven judges. However, we are not going to become discouraged,” Kriel stated.
In response to the ruling, AfriForum plans to continue expanding its network of 177 neighbourhood and farm watches.
“We are doing this to ensure a safe future for ourselves, our communities, and our descendants. If the authorities do not want to protect us, we will continue to protect ourselves,” Kriel affirmed.
He further remarked, “Something unthinkable has happened with this ruling — it is now legal to chant or use slogans that call for a part of the community to be murdered.
“We do not accept this decision calmly and will not resign ourselves to it because we have self-respect. We refuse to accept that our children must hear that they can be murdered, and that society approves of it. We will continue to fight this — also internationally.”
Dr. Nkosinathi Mthembu, a political analyst at the University of Johannesburg, commented on the significance of the ruling in the broader discourse on freedom of speech in South Africa.
“While the court has upheld the right to artistic expression, it also highlights the need for sensitivity in a society still grappling with the legacy of apartheid,” he remarked during a panel discussion hosted by the South African Institute of Race Relations.
Conversely, Professor Thandiwe Moyo, a cultural studies expert at the University of Cape Town, expressed concern that the ruling could perpetuate divisive narratives.
“The song has historically been associated with a painful past for many South Africans. The court's decision may be seen as dismissing the lived experiences of those who continue to feel marginalised,” Moyo stated in an interview with the Cape Times.
“The decision could further polarise opinions on both sides. While some see it as a victory for artistic freedom, others may view it as an affront to their experiences and history,” Nkosi remarked during a live broadcast on eNCA.
As the discussion surrounding the ruling continues, it is clear that this issue will remain a focal point in South Africa’s complex struggle with its past and its ongoing efforts to foster social cohesion.
IOL