Last year, the Equality Court handed down a judgment in favour of EFF leader Julius Malema, declaring the lyrics to the ‘Kill the boer’ song, not harmful or hate speech. Malema is pictured here testifying in the matter brought by AfriForum, which is appealing the ruling. File Picture: Nokuthula Mbatha/African News Agency (ANA)
The Democratic Alliance (DA) on Monday said it intended to file charges against both Economic Freedom Fighters’ leader Julius Malema and the African National Congress government for Malema chanting “Kill the boer, kill the farmer”.
DA Leader John Steenhuisen said the party would file charges at the United Nations Human Rights Council after Malema’s chanting at the EFF’s 10th anniversary celebrations at FNB Stadium in Johannesburg on Saturday.
“The DA recently forced the South African government to live up to its international responsibility to comply with warrants issued by the International Criminal Court,” he said on Monday.
“We will now do the same to force it to act against Malema,“ he said.
In a live broadcast speech, Steenhuisen detailed that the first element of their UN case will focus on Malema’s repeated incitement of ethnic violence.
The second element, he said, would charge the ANC national government before the UN over its “years-long failure to take action against their one time protégé”, even as brutal farm murders continue to escalate in South Africa.
Steenhuisen said the charge would be laid in terms of Malema’s violation of, at least, three key UN charters.
This included, the Convention on the Prevention and Punishment of the Crime of Genocide. Article 3 of the Convention makes it a punishable offence to direct and publicly incite people to commit mass murder on the basis of their identity.
The second is the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
This declaration compelled the South African government to ensure that persons belonging to minority groups may exercise their rights – including, in this case, the right to life and to practice the profession of farming – without any discrimination.
The third is article 27 of the International Covenant on Civil and Political Rights.
In addition to turning to the international community, Steenhuisen said they would also file a complaint with Parliament’s ethics committee against Malema, in his capacity as a Member of Parliament.
The DA was also obtaining legal advice on approaching the Public Protector and the courts.
In the wake of the EFF 10th anniversary celebrations at the weekend, where Malema chanted the “kill the boer” lyrics that have become a subject of great controversy, the DA and AfriForum immediately said it would hold Malema accountable for his dangerous remarks.
The lyrics were declared hate speech during Malema’s time as ANC Youth League president. In the years preceding, he remixed the song to “kiss the boer”.
But, Malema sang the original again, and last year a court judgment was handed down in his favour, declaring the lyrics not harmful or hate speech.
AfriForum has since appealed, and the Supreme Court of Appeal is meant to hear the matter later this year.
Addressing farmers directly, Steenhuisen spoke in Afrikaans calling on the farmers to take Malema seriously, and protect themselves and their families within the framework of the law.
“I would like to speak directly to our farmers. Although Julius Malema's violence will throw our entire country into turmoil, he fosters a particular hatred towards our farmers,” Steenhuisen said.
“I'd therefore like to urge you to take Malema seriously, and protect yourselves and your families within the framework of the law. If you have any questions, or need help, reach out to your local DA representative, and we will help.
“In opposition to Malema's hatred, the DA fosters respect and awe towards our brave farmers who feed us all. We will therefore do everything in our power to stop Malema,” he said.
kailene.pillay@inl.co.za
IOL
Related Topics: