The Equality Court finds that the singing of the songs “Kill/Kiss the Boer/ Kill/Kiss the farmer” and “Biza a ma’firebrigate (Call the fire brigade) do not constitute hate speech and unfair discrimination in terms of sections 7 and 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act).
Afriforum v Economic Freedom Fighters [2022] EQ04-2020 (EqC) at [101]-[115]
The songs must be seen within the political context in which the EFF and Mr Malema is pushing for land reform and radical economic policy. Declaring the song to be hate speech would significantly alter or curtail freedom of expression.