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Malema has no problem with being taken to court for not retracting ‘killing is a revolutionary act'

Malema has no problem with being taken to court for not retracting ‘killing is a revolutionary act'
Velani Ludidi
By Velani Ludidi
11 Nov 2022
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EFF leader Julius Malema will not retract words found to constitute incitement of violence, hate speech and possibly other transgressions of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.

Instead, Malema said he is ready to defend his statements in court as he was not given a chance to defend himself. 

The Human Rights Commission (HRC) had given Malema an ultimatum on Wednesday to retract some of the statements he made during the party’s Western Cape Provincial People’s Assembly (PPA) last month. 

The HRC’s statement says it had received various complaints “corroborated by video recordings of the event” relating to statements made by Malema, as well as posters or banners displayed by the EFF at the meeting of the EFF’s PPA. 

During the event, in reference to an incident at the Brackenfell High School last year, and footage of a white person “beating up” an EFF member, Malema questioned why that (white) person had not been located and taken to “an isolated space and attended to … properly”. This was followed by an exhortation to the members that “You must never be scared to kill, a revolution demands that at some point there must be killing, because the killing is part of a revolutionary act”.

WATCH: Malema tells supporters to never be afraid to kill

Malema went on: “Why did [Nelson] Mandela take up a gun … because the revolution had reached a point where there is no longer an alternative but to kill.”

Some of Malema’s comments highlighted by the HRC include:

“Anything that stands in the way of the revolution must be eliminated.”


And: “Revolutionaries, when confronted by that situation, will not think twice.” 


As well as: “Violence can only be ended with violence, not any other necessary means.”


The commission also said it noted posters/banners brandished at the event by EFF members, printed with EFF insignia, with the following messages:

  1. “Honeymoon is over for white people in South Africa”; and

  2. “A revolutionary must become a cold killing machine motivated by pure hate.”


In an interview on Newzroom Afrika on Thursday, Malema said his party was never invited to make submissions when the HRC investigated the case. “All I hear is retract the statement,” he said, adding “there is no neutrality and they [the HRC] say there was a display of posters in the Western Cape; those posters are from when the EFF was launched in Marikana.”  

Malema said he would not apologise: “...we have no problem with being taken to court. But that body must be ashamed of itself.” 

The EFF also said it denies the allegations made by the HRC and categorised them “as part of the nefarious attempts to erase the truth of our liberation history and an attempt to limit free speech".


HRC chairperson Bongani Majola told News24: “It’s clear even to a child” that Malema committed hate speech during his address to supporters last month, saying killing is licensed.

Majola continued:

“... If Trevor Noah, as a comedian, said so-and-so kill that guy, you can see clearly that he is joking. But if a person refers to an incident where some of his people were beaten and said he is unhappy that they were beaten … and that they should not call themselves revolutionaries until they actually do something - you can’t say it’s being taken out of context.”

AfriForum said they are monitoring the latest developments and will ensure that the HRC takes the action it threatens.

"AfriForum considers this development to be only the first step to stop incitement to violence and hate speech by the EFF and Malema. AfriForum cannot allow the political environment to become so radicalised that politicians can openly commit hate speech against minorities without consequences," said Ernst van Zyl, campaign officer for strategy and content at AfriForum.

"AfriForum welcomes the HRC's findings, but if their condemnation is not urgently and effectively followed up by action, it does not mean much to help protect minorities.” 



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Malema’s previous cases


Malema is no stranger to the Equality Court. He was found guilty of hate speech in 2010 after he said the woman who accused the then president Jacob Zuma of rape had a "nice time" because she stayed for breakfast and asked for taxi fare.

He was leader of the ANC Youth League at the time and was ordered to make an unconditional public apology and pay R50,000 to a shelter for abused women. 

In 2019, the South African Editors' Forum lost a case against Malema after he was accused of instigating hate speech against journalists.

Also in 2019, Malema was found not guilty of hate speech for his utterances directed at Public Enterprise Minister Pravin Gordhan.

Recently, the EFF leader won a case against AfriForum when it brought an application to declare that the words of the song Kill the Boer constituted hate speech — and to interdict Julius Malema and the EFF from singing the song at any private or public meeting. 

The HRC has been approached for comment, which will be added once received. DM

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