In a landmark decision reaffirming the principles of free speech, the South African Constitutional Court has dismissed AfriForum’s appeal against previous rulings regarding the controversial chant ‘Kill the Boer’. This judgment, delivered on [insert date], follows earlier decisions by the Equality Court and the Supreme Court of Appeal, establishing a strong precedent in the ongoing debate about freedoms enshrined in the country’s constitution.
At the heart of the court’s deliberation was whether the chant, which has become synonymous with the Economic Freedom Fighters (EFF) and its leader Julius Malema, constitutes hate speech. The apex court concluded that AfriForum’s application lacked reasonable prospects of success, thereby upholding the findings that protected the chant under the banner of free expression.
The journey to this final decision began in August 2022, when the Equality Court ruled in favour of the EFF, stating that the chant did not constitute hate speech. This ruling was subsequently sustained by the Supreme Court of Appeal in May 2024, which reiterated that AfriForum failed to provide convincing evidence that the chant was an incitement to violence or hatred.
A prominent voice in the debate, EFF leader Julius Malema, has continued to assert that his performances of the chant are an exercise of freedom of expression rather than promoting hate or violence. This stance has been echoed by numerous supporters who view the chant as a commentary on the historical injustices faced by black South Africans, rather than a call to arm against any specific group.
Notably, the song has sparked international attention, attracting criticism and scrutiny from figures such as South African-born entrepreneur Tesla’s Elon Musk. Musk used the controversy surrounding the song to argue that South Africa’s actions towards certain demographics raise human rights concerns—an allegation that further complicates the discourse around freedom of speech and hate speech in the nation.
As the discussions surrounding this complex issue continue, individuals and organisations will undoubtedly remain divided. Nonetheless, this latest ruling by the Constitutional Court highlights an unwavering commitment to uphold the constitutional protection of free speech, even when it resides in the contested realm of provocative slogans and challenging expressions.