The Equality Court in Johannesburg has granted AfriForum’s leave to appeal application against the “Kill the Boer” ruling in favour of the Economic Freedom Fighters (EFF).
Judge Edwin Molahlehi, in his judgment handed down on Tuesday morning, said he was satisfied that the lobby group had made out a case that there were reasonable prospects of success on appeal at the Supreme Court of Appeal (SCA) in Bloemfontein.
“Applying the test for leave to appeal as envisaged in section 17 of the Superior Court Act, I am satisfied that the applicant has made out a case that there are reasonable prospects of success on appeal.
“This matter, in my view, has elements of public interest and thus leave to appeal deserves to be granted to the Supreme Court of Appeal,” Judge Molahlehi said in his ruling.
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‘Kill the Boer’ case
On 29 September 2022, the judge heard arguments in AfriForum’s leave to appeal application.
The EFF had opposed AfriForum’s appeal application.
Advocate Mfesane Ka-Siboto represented the Red Berets, and Advocate Jeremy Gauntlett represented AfriForum.
This followed Judge Molahlehi’s ruling in August, which found that AfriForum failed to prove the lyrics in the two struggle songs Kill/Kiss the Boer and Bizani iFire-Brigade (call the fire brigade) constituted hate speech and unfair treatment.
The judge dismissed the organisation’s application to declare the lyrics as hate speech and ordered AfriForum to pay the costs of the application.
The lobby group had brought the case against EFF leader Julius Malema and MP Mbuyiseni Ndlozi for singing the struggle songs during the party’s rallies, arguing the songs incited violence and hate speech.
The organisation wanted Malema and Ndlozi to pay R500 000 to a charity organisation and apologise for singing the songs.
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