EFF joy as ConCourt denies AfriForum 'Kill the Boer' appeal

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The Economic Freedom Fighters (EFF) has welcomed the Constitutional Court’s decision to dismiss lobby group AfriForum’s leave to appeal the Supreme Court of Appeal’s decision which ruled that the ‘Kill the Boer, Kill the farmer’ chant does not constitute hate speech.

In 2022, the Equality Court sitting at the Gauteng High Court in Johannesburg ruled against AfriForum which sought to categorise the song as hate speech that incites violence.

The court said AfriForum failed to show that the lyrics of the song contravene the Equality Act or demonstrate a clear intention to harm or incitement. It further ruled that declaring the ‘Kill the Boer’ song as hate speech, would curtail freedom of expression. AfriForum was also ordered to pay the EFF’s legal costs. The lobby group has since approached the Supreme Court of Appeal and recently the Constitutional Court which has also ruled in favour of the EFF.

CONSTITUTIONAL COURT UPHOLDS PREVIOUS RULINGS ON ‘KILL THE BOER’ CHANT

Following the ruling, the EFF said the highest court in the land has confirmed what they have said all along: this case was a frivolous and cynical attempt to weaponise the legal system to distort history and
silence Black resistance.

The party said AfriForum, has repeatedly pushed the false narrative of white victimhood in a country where Black people continue to suffer the legacy of land dispossession, economic exclusion, and systemic
oppression at the hands of white minority rule.

“Their efforts to criminalise a liberation song, one deeply rooted in the fight against the brutal regime that oppressed Black people for decades, are part of their broader project to rewrite history, erase their own crimes, and paint themselves as victims,” the party said.