Apex Court Rejects Afriforum’s Challenge to ‘Kill the Boer’ Chant Ruling

(The Post News)- The Constitutional Court of South Africa has dismissed Afriforum’s request to appeal previous rulings that found the controversial “Kill the Boer” chant by Economic Freedom Fighters (EFF) leader Julius Malema does not constitute hate speech. The decision was handed down on Thursday, following earlier rulings by the Equality Court and the Supreme Court of Appeal (SCA). https://www.sabcnews.com/sabcnews/1024767-2/

Malema’s chant was declared not hate speech by the Equality Court in 2022. In 2024, the SCA maintained this ruling, concluding that the Afrikaans civil rights organization Afriforum, which had challenged the chant, had not established a clear connection between the song and hate speech.

The motion for leave to appeal was denied by the Constitutional Court, which ruled that there were no realistic chances of success. Kallie Kriel, the CEO of Afriforum, responded to the decision with sadness, saying that the Constitutional Court was no longer defending Afrikaner rights. He argued that the ruling was part of a broader ideological shift and an increasingly radical interpretation of the Constitution. However Kriel did not provide specific evidence to support these claims. “We had expected that the Constitution and the Constitutional Court would protect human rights, including those of Afrikaners,” Kriel said. “However, we now see a growing trend towards the radical implementation of the Constitution.”

However, EFF MP Sinawo Thambo praised the Constitutional Court’s ruling, emphasizing that the chant is not hate speech but rather a form of political expression. Thambo stressed that the courts had repeatedly upheld the political nature of the chant and its historical relevance, including the Equality Court and the SCA. He said, “This ruling is a victory for truth, historical justice, and the freedom to commemorate our fight against oppression.”

Some political parties still condemn the cry in spite of the court’s decision. Willie Aucamp, a spokesman for the Democratic Alliance (DA), denounced the slogan as aggressive and polarizing. He maintained that the chant’s continuous use in South African discourse is detrimental to the country’s standing abroad. “Such language has no place in a society striving for unity,” Aucamp said. “The chant is not just damaging locally but also jeopardizes South Africa’s standing globally, making the country vulnerable to external scrutiny.”

FF Plus leader Corné Mulder also criticized the chant, maintaining that it amounts to hate speech, particularly because it contains explicit calls for violence against a specific group. “A song like that has no place in South Africa,” Mulder stated. “White people view these threats as very serious and degrading, and clearly, the American government shares this perspective.”

Both Aucamp and Mulder called on President Cyril Ramaphosa to publicly denounce the chant, citing its potential to deepen societal divisions.

The “Kill the Boer” chant, often associated with anti apartheid resistance, has been a point of controversy in South Africa.

Malema and the EFF’s continuous use has garnered a lot of attention, and critics; including South African entrepreneur Elon Musk, have accused the nation of violating the human rights of specific groups. Nonetheless, the chant is protected under the right to freedom of expression, according to the South African courts’ constant rulings.