Julius Malema has once again been hauled before court over allegations of hate speech linked to the controversial “Kill the Boer” chant. The renewed legal challenge has been brought by Mpumalanga-based lawyer Hilmer Wilhelm Kruger, reopening a long-running and highly contentious debate in South Africa.

The case has been filed in the Equality Court, despite previous rulings by higher courts that found the struggle song—commonly known as “Dubula Ibhunu”—does not constitute hate speech under South African law. Malema, leader of the Economic Freedom Fighters (EFF), now faces fresh scrutiny over his repeated use of the chant at political events.

Previous Court Rulings on the Chant

The latest case comes after earlier legal attempts by civil rights group AfriForum failed to secure a ruling against Malema.

AfriForum had taken the matter through multiple legal stages:

• The High Court dismissed the hate speech claims
• The Supreme Court of Appeal upheld that decision
• The Constitutional Court refused to hear the case, citing no reasonable chance of success

These rulings were widely seen as settling the legal status of the chant. However, Kruger’s new application introduces a different argument, focusing on the English translation rather than the original struggle song.

New Legal Argument Targets Translation

Focus on “Kill the Boer” Wording

Kruger argues that the English phrases “Kill the Boer” and “Shoot to Kill” should be treated as explicit hate speech, separate from the historical context of “Dubula Ibhunu.”

According to court documents, Malema allegedly used these phrases repeatedly at public events between 2024 and 2026. The application seeks to prove that the translated version carries a more direct and harmful meaning in modern South Africa.

Kruger also claims the chant’s usage has evolved over time, arguing that its current political context differs significantly from its origins during the anti-apartheid struggle.

Allegations of Intimidation and Public Displays

The case goes beyond the chant itself, including claims of symbolic intimidation. Kruger alleges that EFF supporters displayed a mock coffin linked to a magistrate after Malema sang the song outside the East London Magistrates Court.

This incident reportedly followed Malema’s conviction under the Arms Control Act in 2025. The lawyer argues that such actions amount to intimidation of the judiciary and contribute to a hostile environment.

Malema has previously criticized the judiciary, accusing courts of targeting him for his political views.

“Nyamazana” Chant Raises Further Concerns

Claims of Racial Targeting

Kruger’s application also highlights the use of the term “Nyamazana,” which he claims is used in a derogatory manner toward white South Africans.

According to the affidavit, the chant is perceived by some communities—particularly farmers and rural residents—as threatening and inflammatory. The case argues that such language contributes to fear and social tension.

This aspect of the case broadens the legal debate beyond a single song, raising questions about political rhetoric and its real-world impact.

EFF Responds to Legal Challenge

The EFF has strongly dismissed the case, describing it as baseless and repetitive. Party spokesperson Sinawo Thambo stated that courts have already ruled on the matter and that there is no meaningful distinction between the original song and its translation.

The party maintains that the chant is part of South Africa’s liberation history and is protected under freedom of expression.

Broader Debate: Free Speech vs Hate Speech

The case once again places South Africa at the center of a broader debate about the limits of free speech.

Supporters of Malema argue that:

• The chant is historically significant
• It should be understood in its liberation context
• Political expression must remain protected

Critics, however, contend that:

• The language can incite violence
• Modern interpretations differ from historical intent
• Public leaders should exercise greater responsibility

The outcome of this case could have far-reaching implications for how courts interpret political speech in the future.

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What Happens Next?

As the Equality Court prepares to hear the matter, the case is expected to draw significant public and media attention. It represents another chapter in the ongoing legal and political battles involving Malema.

Whether the court will accept Kruger’s argument or uphold previous rulings remains uncertain. However, the case underscores the continuing tensions around race, politics, and freedom of expression in South Africa.

References

1. Malema back in court over ‘Kill the Boer’ chant
   Published by News24, this article covers the renewed legal challenge against Julius Malema and the debate over hate speech and political expression.
2. Court battles over ‘Dubula Ibhunu’ continue
   Published by TimesLIVE, this report examines the history of legal rulings on the chant and the implications of the latest case.

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