City Press writes October 31 2012 that the ruling ANC-party has dropped its court appeal against the Shoot the Boer song in a settlement with Afrifoum. Its spokesman Kallie Kriel said they were ‘happy about the out of court settlement which was reached’ over the song. Its attorney Willie Spies said in the Oct 31 2012 press conference announcing it that this was ‘a greater victory for Afriforum because the ANC itself has now agreed to not sing this song any more.’
SA Judge Colin Lamont had ruled this song as hatespeech -- and had issued a court-order banning people from singing it in public, as it incited genocidal violence against the vulnerable and very small Afrikaner minority. Afriforum. link AfriForum's Willie Spies told the Mail & Guardian on Wednesday the deal was struck at 8.30pm on Tuesday night after a day-long mediation on Friday. "The settlement that has been reached provides for three things.
- Firstly, the ANC acknowledged that certain struggle songs contain lyrics that originate from a specific era in history which today can be hurtful to minority communities.
- Secondly, the ANC and Malema undertook to encourage and counsel their supporters and members to refrain from singing songs that could contain hurtful phrases.
- Thirdly, the parties committed to continued informal debate about cultural heritage and freedom," said Spies.
"As a result, the ANC abandoned its appeal and AfriForum and the Transvaal Agricultural Union abandoned the order granted by [the Supreme Court of Appeal] with all the parties consenting to the substitution of the ... order with this agreement," he added.
The appeal court on September 27 wrote to the affected parties, asking that they explore the possibility of mediation, which was agreed to under the facilitation of Charles Nupen. Last year, the struggle song containing the words "Dubul' iBhunu" (shoot the Boer) was declared hate speech by Judge Colin Lamont in the South Gauteng High Court. AfriForum took the matter to court after Malema continued singing the song at youth league rallies. Lamont ruled the words used in the song were "derogatory, dehumanising and hurtful". The judge interdicted all members of the ANC from singing the song in public or at private functions. http://mg.co.za/article/2012-10-31-00-shoot-the-boer-debate-put-to-rest
ZA president Zuma sang Kill the Boer at ANC centenary celebrations: Bloemfontein after the song was ruled hatespeech: when will he now be formally charged tried as youth league ex-president Malema had been?
Will Zuma et al now stop singing this song?
This still leaves the question whether South African president Jacob Zuma and his followers will now stop singing this banned song? Also: why isn’t the ANC-alligned socalled non-governmental organisation ‘The SA Human Rights Commission,’ investigating the formal complaints against SA Pres Zuma – amongst others for singing this song in Bloemfontein in January 2012 AFTER it had been ruled hatespeech?
Transvaal Agricultural Union 'satisfied with mediation Agreement in Malema hate speech case"
1. TAU SA wants to express its satisfaction with the settlement agreement that has been reached between the ANC, Mr Malema, AfriForum and TAU SA, pertaining to the song "shoot the Boer", which matter was enrolled for hearing in the Supreme Court of Appeal on Thursday 1 November 2012.
2. TAU SA appreciates the fact that the ANC, in particular, has indicated that it is crucial to mutually recognise and respect the rights of all communities to celebrate and protect their cultural heritage and freedom, and that certain words in certain struggle songs may be experienced as hurtful by members of minority communities, and may no longer be applicable in South Africa today.
3. TAU SA points out that the agreement relates to other issues to be discussed in future between the parties, other than struggle songs.
4. TAU SA will now take all steps necessary to continue formal dialogue with the leaders of the ANC pertaining to better understanding of the cultural heritages and aspirations of minority groups, including Afrikaners. TAU SA will most definitely insist that such dialogue should continue at the highest level.
5. TAU SA also appreciates the fact that the ANC and Mr Malema committed to counselling and encouraging their respective leadership and supporters to act with restraint pertaining to any hurtful experiences that may be caused by the expression and use of struggle songs.
6. TAU SA will be monitoring closely the development in this regard ant the steps that the ANC and Mr Malema will take in this regard.
7. TAU SA emphasises the fact that there is wide recognition amongst farmers and Afrikaners in South Africa that violent crime, including farm attacks and murders, remain a huge problem in South Africa, and that such crimes are committed against the background of uncertainties caused by the continuation of the freedom struggle of the ANC and which is in particular pushed forward by the ANC Youth League, in furtherance of the National Democratic Revolution.
8. TAU SA will therefore engage the ANC in further discussions at the highest level possible on the issue of violent crimes, farm attacks and farm murders.
9. TAU SA records again that farm murders on white farmers remains a huge concern in South Africa, and that it is investigating the question whether it could be described as genocide in terms of the international law. 1372 white farmers (TAU stats are low estimates) have been killed since 1990 out of a total of 1591.
- 86% of all farm murders have been committed against white farmers. 85 farm attacks were executed during 2011 and 106 during 2012.
- The ‘normal’ murder rate according to the current available statistics is 31 persons per 100 000.00 of South Africa's population, whereas for white farmers it amounts to 96 per 100 000.00 citizens.
- Therefore white farmers have a three times higher risk of being murdered than any other citizen.
10. TAU SA is therefore appreciative of the fact that the ANC and Mr Malema have at long last agreed to engage with TAU SA on the issues furthering a climate of armed violence and violent crimes, and to address these issues not only in discussions with TAU SA, but also among their leaders and supporters.
11. The full mediation agreement can be downloaded from