Apex court rejects AfriForum’s challenge to ‘Kill the boer’ ruling

The Constitutional Court has refused AfriForum’s bid for leave to appeal the “Kill the boer” judgment, which found that the chant did not constitute Hate Speech.

After the apex considered the application, it concluded that the application should be dismissed as it bears no reasonable prospects of success.

In August, 2022 – the Equality Court ruled in favour of the Economic Freedom Fighters (EFF), stating that the song did not constitute Hate Speech.

In May, 2024 – the Supreme Court of Appeal dismissed AfriForum’s appeal, finding that it had failed to establish that the chant constituted Hate Speech and that EFF leader, Julius Malema was doing no more than exercising his right to freedom of expression.

The “Kill the boer, Kill the farmer” chant, which Malema continues to sing, was used by South African-born businessman Elon Musk to justify accusations that South Africa is allegedly violating the human rights of specific groups in the country.