By Lehlohonolo Lehana.
The legal representative of EFF leader Julius Malema is set to cross-examine Dr. Karlien van den Berg, a linguist at the University of the North West at the Equality Court.
Van den Berg concluded that Malema’s utterances amounted to hate speech and incitement to violence.
The Equality Court in Cape Town is hearing the case of hate speech between the SA Human Rights Commission (SAHRC) and Malema.
The case dates back to an event in the Western Cape in October 2022 where Malema said: “You must never be afraid to kill. A revolution requires killing at some point because killing is part of the revolutionary act.”
The Human Rights Commission had also made a similar ruling, ordering Malema to retract and apologise which he failed to do.
Van den Berg testified that it is unlikely that his words could be interpreted in any other way.
“The utterances there display various characteristics of hate speech but very specifically, incitement to violence, propagation of hate-based race and gender, consequently that’s my expert opinion that the average reasonable person will interpret the utterances as a deliberate incitement to violence and propagation of hate,” said Van den Berg.
The SA Human Rights Commission’s chairperson, Bongani Majola, addressed the media expressing disappointment that the EFF and its leader refused to withdraw the statements.
Majola stated, “Also, the danger exists that people might then start attacking white people whom they perceive to be racists.”
Malema maintained that his speech was taken out of context and that the was not allowed to present his version.
Majola also said that Malema’s claim of being denied the opportunity to defend himself was premature, as he was likely to have the chance when the matter is heard in the Equality Court.
The commission gave Malema and EFF 10 days to apologise for inciteful remarks.
The SAHRC said should Malema not do this, the civil rights organisation would take him to the Equality Court to obtain an interim interdict.
AfriForum said Malema and the EFF have attacked the SAHRC in the media and said they had refused to withdraw the comments which the SAHRC labelled as hate speech.
“Malema and the EFF believe that they are above the law,” said Ernst van Zyl, AfriForum’s Campaign Officer for Strategy.
“This is largely due to Malema and the EFF getting away with escalating levels of hate speech and incitement to violence over the years.