In a significant ruling, the Western Cape Equality Court has found Economic Freedom Fighters (EFF) leader Julius Malema guilty of hate speech and incitement to violence. The judgment stems from a speech delivered by Malema at his party’s Provincial People’s Assembly in 2022.
The court found that comments made by Malema during his address constituted a direct exhortation to his supporters to kill white men involved in the 2020 Brackenfell High School incident. That incident, which involved allegations of racism at the school, saw EFF supporters clash with parents and community members.
In its judgment, the court held that Malema’s remarks were based on prohibited grounds under the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act). The court stated that his words amounted to “incitement to harm and the propagation of hatred.”
The ruling drew a clear distinction between condemning racism and advocating for violence. “While calling out racism is permissible, calling for racists to be killed is an incitement to extreme violence and an act of vigilantism,” the court stressed.
The South African Human Rights Commission (SAHRC), which was the complainant in the case, has welcomed the judgment.
EFF to Appeal Judgment
In response, the EFF has announced its intention to appeal the ruling. Speaking in an interview, EFF member Carl Niehaus stated the party “absolutely believes that the appeal court… will come to a different conclusion.”
Niehaus argued that the Equality Court had “wrongly interpreted” the Equality Act and failed to consider the context of Malema’s speech. He described the address as an expression of “revolutionary frustration” over the alleged lack of action taken against individuals involved in the Brackenfell incident, which he characterized as a racist attack.
“The response that the commander-in-chief… gave… was expressing a deep sense of outrage against this racism,” Niehaus said. He defended the language used, stating that fighting racism “cannot [be done] by handing out roses. We have to speak strong revolutionary language.”
Niehaus further drew a parallel to the controversial “Kill the Boer” chant, citing a previous Constitutional Court ruling on the matter as precedent for understanding such language within a historical and revolutionary context.
When challenged on specific quotes from Malema’s speech—including that threatening racists is “an application to meet your maker with immediate effect”—Niehaus maintained that these statements were “absolutely on the same footing” as struggle-era songs, representing a continued fight against racism.
The SAHRC was not immediately available for further comment. The case is now expected to proceed to the Supreme Court of Appeal.
