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Judge Collin Lamont ruled in the South Gauteng High Court yesterday.
Lamont found that the words “dubula ibhunu”, and “baya raypha” (they rape) were hate speech and should not be sung in public or private.
“The singing of the song by Malema constituted hate speech,” said Lamont.
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The words undermined the dignity of people and were discriminatory and harmful.
“No justification exist(s) allowing the words to be sung . . . the words were in any event not sung on a justifiable occasion.
“Lamont said it was not relevant whether the words were not exposed to some people of society. If it is exposed to a portion of society then it is relevant.”
Malema was not present for the judgment, and his spokesperson Floyd Shivambu would not comment on the judgment or say where Malema was.
“No we are not speaking,” he said as he and other league members set off for a small court consultation room.
From the public gallery someone muttered: “Oh well they might as well ban everything.”
AfriForum CEO Kallie Kriel said: “We are elated about the judgment as we knew all along that this was hate speech,” Kriel said
Meanwhile, ANC said it will appeal against the ruling. – SAPA.
Online Reporter