In a significant ruling delivered by a full Bench of the Gauteng High Court in Johannesburg, Patriotic Alliance Deputy President Kenny Kunene has faced a setback in his efforts to challenge a previous hate speech finding.
The court ruled that Kunene’s derogatory reference to Economic Freedom Fighters (EFF) leader Julius Malema as a “cockroach” during a 2021 interview was both harmful and incendiary, violating principles of human decency.
Judge Stuart Wilson, representing the full Bench, highlighted that a reasonable observer would understand Kunene’s comments as deliberate attempts to “cause or incite harm and propagate hatred” against Malema, drawing attention to the political connotations associated with such language.
In his judgement, Wilson pointedly stated, “Whatever Mr Kunene intended, the use of the word cockroach is internationally recognised as hateful of those to whom it is directed.”
He further elaborated that the term serves as a political tool, historically employed to dehumanise targets and incite animosity.
The court’s decision not only dismissed Kunene’s appeal but also directed him to publicly retract his statement. In a firm mandate, the judges ordered that he must issue both a written and oral public apology for his comments.
This apology is required to clarify and disavow his offensive use of the term and must be disseminated widely within one month from the date of the ruling. Alongside the public apology, the court also placed an injunction on Kunene, prohibiting him from using the term “cockroach” in reference to Malema or any individual in future statements.
This decision arrives amid ongoing tensions in South African politics, where language and rhetoric play pivotal roles in shaping public discourse. The backdrop of this case illustrates the growing sensitivity surrounding political expressions and their potential to incite conflict.