EFF leader Julius Malema has been found guilty of hate speech by the Western Cape Equality Court for comments made during a 2022 political rally in Cape Town.
The case centered on Malema’s speech where he told supporters they must “never be scared to kill” and that any racist who attacked EFF members was “an application to meet your maker with immediate effect.” He also stated that “a revolution demands at some point there must be killing because the killing is part of a revolutionary act.”
The case was brought by the South African Human Rights Commission and a private individual. Judge Mark Sher ruled that Malema’s comments constituted hate speech and incitement to violence. The judge noted that “to call someone a racist in South Africa is, given our racially oppressive past, inevitably to invoke detestation, enmity, ill-will and malevolence against such a person.”
Judge Sher emphasized that when such calls come from the leader of a major political party, they have “the potential to foment racial violence on a large scale.” He rejected Malema’s defense arguments, stating that even if someone has acted in a racist manner, this cannot serve as a defense against hate speech charges.
The Democratic Alliance welcomed the ruling, calling it a victory for the rule of law and South Africa’s constitutional values. The Inclusive Society Institute cautioned all political leaders to refrain from inflammatory rhetoric, noting that South Africa’s social fabric cannot withstand language that normalizes racism and violence.
The ruling comes at a time of heightened sensitivity around racial tensions in South Africa, with the court emphasizing the importance of responsible speech from public figures.
