‘Shoot the boer’ appeal to be heard by SCA

2012-09-03 09:16
The lyrics of “dubula ibhunu” (shoot the boer) and a decision whether it were prima facie incitement to murder would be debated in court.

The Supreme Court of Appeal (SCA) will hear argument in the appeal by the ANC today whether or not leave to appeal should be granted to the ANC as interested party or in public interest.

It relates to an order by Acting Judge Leon Halgryn on a settlement order between two members of the Society for the Protection of the Constitution.

A member, Mahomed Vawda, wanted to use the words at an anti-crime march in Mpumalanga 2010.

Another member, farmer Willem Harmse, objected contending that the words meant “shoot the white man” or “shoot the boer” and that they would cause him injury.

The case was originally a low-key application between the two men of which the ANC was not aware.

Eventually, Harmse and Vawda settled and Halgryn granted their settlement order that: the utterance or publication of the words “dubula ibhuna” was unconstitutional and unlawful and that translated the words meant “shoot the boer/white man”.

Also, that the publication and chanting of the words prima facie satisfied the crime of incitement.

The high court found there was a “real likelihood that this slogan causes harm”.

The ANC sprang into action after media coverage on the order by publicly defending the song and expressing disappointment that it had not been part of the case.

Halgryn objected to the way the ANC attempted to intervene and apply for leave to appeal with no formal applications, except for the filing of grounds for appeal.

Today in the event of leave to appeal being granted, the SCA would also consider whether the order of Halgryn should be set aside or varied.

Another aspect of the appeal include whether Harmse’s direct reliance on the Constitution was permissible.