Dubul’ ibhunu song part of historical facts, says heritage expert

The singing of the song Dubul’ ibhunu (Shoot the Boer) is a chant that forms of part SA's history and culture, and is a tool that can be used to tell stories about the liberation Struggle against apartheid.

This is the view of arts and heritage expert, poet and sculptor Prof Pitika Ntuli, following yesterday's Equality Court judgment that the singing of the song does not constitute hate speech nor incite violence. 

AfriForum had brought a hate speech case before the Equality Court sitting in the Johannesburg high court against the singing of the song by EFF leader Julius Malema at the party’s events. 

Ntuli said judge Edwin Molahlehi made a correct ruling by dismissing AfriForum's case. 

“It is a good judgment that I totally agree with. This song has a basis of what was happening at the time and is now part of historical facts that we cannot turn away from. The judge made the right decision and these songs represent our fight for liberation,” said Ntuli.

“People sing this song to remind themselves [of the Struggle], to tell stories about how the [apartheid] regime  is linked to the land question we are talking about today. When we sing this song, we are reminding ourselves of where we have been so that we do not have to go back there. The judge made a correct view that the song does not cause harm but helps us to raise questions [about the land issue],” said Ntuli. 

Meanwhile, AfriForum’s head of policy and action Ernst Roets said the lobby group will appeal against the judgment. 

“We believe there are some serious errors in the judgment as far as the question and test for hate speech is concerned. We are very optimistic that we will win on appeal. The judge in his summary gave significant emphasis to the question of whether a causal link exists between the chanting of 'kill the boer, kill the farmer' and actual farm murders could be proven, when that is not the question or test for hate speech as far as we are concerned,” said Roets.

In his judgment Molahlehi said AfriForum’s witnesses in the case failed to provide evidence that the song constitutes hate speech or incites violence.

Molahleli said Roets does not meet the requirements to be an expert witness and said his testimony was based on hearsay. 

The judge said the song should be protected as freedom of expression and AfriForum failed to show that the song contravened the Equality Act.

“AfriForum failed to show that the lyrics of the song are based on any prohibited grounds in the Equality Act. It failed to show that the song promotes harm or leads to any violence. If I rule that the song constitutes hate speech, that will be curtailing of freedom of speech,” said Molahleli.

During the case AfriForum argued that the singing of the song incites violence and contributes to an increase in farm attacks.

Malema testified that the singing of the song plays no role in farm attacks.

Molahleli said he finds no reason to reject Malema’s evidence.

EFF national spokesperson Sinawo Thambo welcomed the judgment.

“The landmark judgment must be welcomed by all progressive forces as a victory against racists who want to fly the apartheid flag and sing the song of torture known as Die Stem, in our national anthem,” said Thambo.  

kokam@sowetan.co.za