By Lehlohonolo Lehana.
The Economic Freedom Fighters (EFF) has announced its intention to appeal the Equality Court’s ruling against its leader, Julius Sello Malema.
The South African Human Rights Commission (SAHRC) initiated the litigation in November 2022 following public complaints about comments Malema made at a political gathering in Cape Town in October 2022.
The equality court ruled that these remarks “demonstrated an intent to incite harm”, but the EFF said they were taken out of context.
In its ruling, the court said: “Whilst calling out someone who behaves as a racist may be acceptable, calling for them to be killed is not.
“And calling for someone to be killed because they are a racist who has acted violently, is an act of vigilantism and an incitement of the most extreme form of harm possible.”
In a subsequent statement, the EFF said the ruling “is fundamentally flawed and deliberately misreads both the context and the meaning of the speech”.
“It assumes that the reasonable listener is incapable of understanding metaphor, revolutionary rhetoric or the history of liberation struggles,” the EFF added.
The party announced its intention to challenge the ruling at the Supreme Court of Appeal, saying it would not only defend Malema, but also defend political freedom.
The SAHRC welcomed the judgment, noting that it reaffirms the importance of upholding constitutional values in a diverse and democratic society.
In June, Malema was denied entry to the UK. The Home Office said he had been deemed “non-conducive to the public good”.
In a letter released by the EFF at the time, the Home Office cited his vocal support for Hamas, including a speech he made after the 7 October 2023 attack on Israel in which Malema said his party would arm the group if it came to power.
The Home Office said Malema had also made “statements calling for the slaughter of white people [in South Africa] or hinted that it could be an acceptable option in the future”.
The EFF condemned the UK’s decision as “cowardice” and said it would stifle democratic debate.
Malema was also criticised by US President Donald Trump in a confrontational meeting at the Oval Office with President Cyril Ramaphosa in May.