The civil rights organization AfriForum was successful with its court application in the Johannesburg High Court against the Human Rights Commission (HRC) to review its decision that Julius Malema, leader of the EFF, did not amount to hate speech.
Judge Roland Sutherland ruled on Friday that the HRC’s finding in 2019 – that Malema did not commit hate speech during a 2016 gathering – should be set aside.
Malema said on this occasion, among other things: “We are not calling for the slaughtering of white people, at least for now.”
The court further found that the HRC does not have binding powers to make orders or findings.
Ernst van Zyl, campaign officer for strategy and content at AfriForum, says this is a double victory for AfriForum.
“Our position is that Julius Malema committed clear hate speech in 2016, and that the SAMRK does not have binding powers. The court has now confirmed both.
“There is a further success in question in this great victory and that is that it also sets the precedent that findings of the HRC may be challenged in court,” says Van Zyl.