JOHANNESBURG (AP) — The black man who leads the youth wing of South Africa's governing party has no right to sing a song some whites find offensive, a judge said Monday.
Judge Collin Lamont went further than AfriForum, the white rights group that brought the hate speech suit, had demanded by saying that all South Africans, not only Julius Malema, should refrain from singing "Shoot the Boer." Under the ruling, criminal cases can now be brought against those who sing the song or quote its lyrics.
In a ruling broadcast live on national television, the judge said that while such anthems had their place during apartheid, they constitute hate speech in a society now struggling to redefine relations between the races.
Monday's ruling comes four months after hearings in Malema's hate speech trial that were broadcast live on national television. The court case is separate from Malema's ongoing African National Congress disciplinary hearings, which also have drawn wide attention.
While Monday's judgment could be seen as a setback for the embattled Malema, the lightning-rod figure might use it to rally support from South Africans who see "Shoot the Boer" as part of the heritage of the anti-apartheid movement. "Boer" means farmer in the language of South Africa's Dutch descendants known as Afrikaners, and is broadly used to refer to whites in general and Afrikaners in particular.
In a statement, the ANC said it was "appalled" by the decision, but would respect it while deciding what steps to take next.
Malema, who was not in court Monday but testified at length during hearings earlier this year, had argued the song was not a literal threat against whites. Malema and the ANC said it was a symbolic call to fight oppression, both under apartheid and 17 years after the end of white rule in a society where the black majority largely remains poor.
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