The Constitutional Court has dismissed a leave to appeal by AfriForum, an advocacy group determined to ban the controversial song "kill the boer, kill the farmer."
In a ruling handed on Thursday, the apex court said the application bears no reasonable prospects for success.
The decision comes on the heels of a prolonged struggle initiated by AfriForum, which has been vocal in its push to eliminate the song from public discourse, citing its violent connotations and historical context tied to racial tensions in South Africa.
The ruling confirms an earlier ruling by the Equality Court that the song, often chanted by Economic Freedom Fighters (EFF) leader Julius Malema at political rallies, does not constitute hate speech but rather falls under the protection of free speech.
In August 2022, the lobby group lost in the Equality Court after Judge Edwin Molahlehi said the song does not constitute hate speech and deserves to be protected under the rubric of freedom of speech.
Judge Molahlehi added that the lyrics of the song - “Shoot to kill, kill the Boer, kill the farmer” - were not to be taken literally. The court found no evidence between the chanting of the words “Kill The Boer” and the farm murders of white farmers, or any farmers for that matter.
In addition, Molahleli said Afriforum failed to show that the lyrics in the songs could reasonably be construed to demonstrate a clear intention to harm or incite to harm and propagate hatred.
Malema held that the songs were meant to agitate and mobilise support and were not a literal call to arms. And agitate and offend they do, as shown by the likes of Kallie Kriel of AfriForum and right-wing groups in the US.
Malema in his own defence of the continued use of the political chant paid homage to Mokaba this week on X.
We know our leaders, Peter Mokaba speaks from the grave. Land or dearth we shall overcome.✊🏿 pic.twitter.com/B0beFtSAbB
— Julius Sello Malema (@Julius_S_Malema) March 25, 2025
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