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Malema found guilty of hate speech by Equality Court
Economic Freedom Fighters (EFF) leader Julius Malema has been found guilty of hate speech by the Western Cape Equality Court for comments made at the party’s 3rd Provincial People’s Assembly on October 16, 2022.
Judge Mark Sher ruled that Malema’s statements incited violence and promoted racial hatred, in violation of the Promotion of Equality and Prevention of Unfair Discrimination Act.
The case arose from Malema’s remarks about a 2020 clash outside Brackenfell High School, during which he allegedly urged EFF supporters not to be “scared to k**ll” and to “attend to” a white individual involved in the incident. The court found these comments targeted white males and amounted to an exhortation of violence. Both Malema and the EFF, were ordered to pay the complainants’ legal costs.
The complaint was brought by the South African Human Rights Commission and Dante van Wyk, who reported receiving thousands of threatening messages from EFF supporters, forcing him into hiding in the Northern Cape.
Judge Sher stressed that while freedom of expression is protected, Malema’s comments crossed a constitutional line by inciting harm, highlighting South Africa’s ongoing challenge of balancing political activism with the fight against hate speech.
