InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

16 September 2011

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 16 of 2011
Recent Judgments 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

South Gauteng High Court (previously Witwatersrand Local Division) - http://www.saflii.org.za/za/cases/ZAGPJHC/  ; Court rolls at http://www.saflii.org/blog/?page_id=173

12 September 2011
20968/2010
Afri-Forum and Another v Malema and Others

'Shoot the boer' : it's hate speech, says judge - 12 September
African National Congress Youth League leader Julius Malema's singing of the words "shoot the boer" constituted hate speech, Judge Collin Lamont ruled in the South Gauteng High Court in Johannesburg on Monday. He said it undermined the dignity of Afrikaners, and was discriminatory and harmful. Lamont said how words are understood was more important than the intention of the speaker. "Freedom of expression does not ensure superior status in our law", said Lamont on Monday. Lamont ruled that Malema cannot sing the song again. Meanwhile, the ANC declined to comment on Malema's failure to appear in court, saying it did not know why he was absent. - Mail & Guardian website

Malema supporters defy ruling - 12 September
A crowd broke into singing "dubhula ibhunu", (shoot the boer) at the High Court in Johannesburg after the words were declared hate speech on Monday. "We are not scared", sang another group. - IOL website

12 September 2011
ANC statement on Judge Collin Lamont judgement
ANC website

12 September 2011
COSATU on the Equality Court Ruling
Politicsweb website

Excerpt :
"
Lamont judgment a gross insult"

12 September 2011
NUMSA Statement on the 'Dubula Ibhunu' Song Judgment
Politicsweb website

Excerpt :
"
The courts should not rewrite our history"

ANC to appeal 'Shoot the boer' ban as ruling slammed - 13 September
The ANC will appeal the decision by Judge Collin Lamont to effectively ban the singing of Dubhula I'bunu or "shoot the boer" - which he said was hate speech, in a ruling slammed by advocates of free speech.  The judge also ruled that all members of society should "refrain from singing and using the words". People who sing the song would be in contempt of court. - Mail & Guardian website

ConCourt hate speech ruling needed : DA - 13 September
A final Constitutional Court ruling on what constitutes hate speech is necessary, the Democratic Alliance said on Tuesday. "The SA Human Rights Commission under the then chairmanship of now Judge Jody Kollapen in 2002 wrote an opinion on the constitutionality of the Equality Act's hate speech provision, and like the DA found it wanting", DA MP Dene Smuts said in a statement. "No utterance that could result in genocide, as in Rwanda, or in the instilling of fear and apprehension should be protected speech under the Constitution". Smuts said the DA thought Lamont's ruling was wrong because it extended the ban to all persons in all circumstances. This meant that the Equality Act was "ripe for challenge", she said. - The Citizen website

Malema judgment : a re-think on hate speech needed - 12 September
There are many interesting as well as perplexing aspects to the judgment handed down today by Justice Colin Lamont. For judge Lamont (as for justice Mogoeng), the protection of dignity and adherence to the values of ubuntu requires a radical limitation on the right to freedom of expression. - Pierre de Vos on the Constitutionally Speaking website

Malema fires broadside at 'undemocratic' judiciary - 14 September
In vowing to overturn the hate speech ruling against him, ANC Youth League leader Julius Malema has slammed the lack of transformation in the judiciary, accusing the courts of double standards, citing the cases of former Ekurhuleni metro police chief Robert McBride and Bulls rugby player Bees Roux. The league would appeal against the ruling that the song dubul' ibhunu ("shoot the boer") is hate speech, Malema and the league's secretary general, Sindiso Magaqa said on Wednesday. - Mail & Guardian website

Equality Court went too far, says Malema - 14 September
The ANC Youth League will ask Parliament to protect liberation songs, league president Julius Malema said on Wednesday. "We are also going to Parliament to demand a legislation that will protect this song", he told reporters in Johannesburg after the league announced its plans to appeal against Monday's ruling. - News24 website

14 September 2011
ANC Youth League Statement on the banning of ANC songs by Equality Court
Politicsweb website

Malema's real persecution - 13 September
The government might as well lock me up. But at least I'll have company. Because it might as well lock all of us up. The Julius Malema hate speech ruling by Judge Collins Lamont sets the alarming precedent that a person's speech, even if misunderstood, can be criminal. - Ivo Vegter on The Daily Maverick website

Kill the 'boer' state of mind - 13 September
AfriForum's decision to take ANC Youth League leader Julius Malema to the Equality Court could have done more damage than good to those who define themselves as "boers".  It's time for them to kill the "boer mindset", and embrace the future. - Chris Vick on The Daily Maverick website

Ag daddy, please! - 14 September
A  pronouncement from the Bench left me with an awful feeling of Deja Verwoerd in the pit of my stomach, of a gear grinding into reverse, as a judge declared words to be weapons and a song to be a crime. Maybe I am still naive and innocent and sheltered from the world, but I want my
Bill of Rights to be a Bill without sub-clauses and codicils and ifs and buts and notwithstandings. I want the law to err on the side of Too Much Freedom. I want to accord to you, as you accord to me, the ability to be guided by a moral GPS that requires no calibration by a guardian of the Constitution. I want the right to be shocked and offended, and the right to shock and offend in turn. I want the right to be wrong. - Gus Silber on the Mail & Guardian website

Shoot the Boer ruling is 'race-based' - 15 September
The South Gauteng High Court ruling banning the singing of Dubul' ibhunu (Shoot the Boer) constituted an "absurd and drastic" infringement on freedom of speech, according to constitutional law expert Pierre de Vos.  In a column published in the Star on Thursday, De Vos criticised Judge Colin Lamont's ruling, saying it was based on racial stereotypes. The judgment meant any person singing the song could be held in contempt of court, he wrote. - Mail & Guardian website

'Neighbour from hell' - 15 September
For six years, residents of the Glendower Golf Estate in Edenvale allegedly had to deal with Sandra Isobel Blyth's antics, including running around naked, hammering nails into their cars, phoning them at unreasonable hours without reason and following their children to school. Now fed up, Glendower residents have approached the Johannesburg High Court in a bid to get the woman committed to a mental institution. While Blyth denied through her lawyer that she was the woman in the footage, the court heard of protracted actions against her by 14 residents of the estate, dating back to 2005. The last court bid was in September last year, and Judge Cornelius Claassen ordered Blyth "to refrain from acting in any way whatsoever that is a nuisance to any and all of the persons residing in and on the Glendower Golf Estate". On Wednesday, Judge Margaret Victor said holding the woman in contempt of court might not help, as "she'll make a mockery of that (order) as well". "Maybe I should impose a R250 000 fine", the judge said. - IOL website

'Neighbour from hell' commits suicide - 19 September
It should never have come to this say the people who went to court to have the "neighbour from hell" sent to an asylum. Sandy Blyth, 53, locked herself inside her car in the garage of her Glendower Golf Estate home in Bedfordview, Joburg, and gassed herself on Friday after appearing in the Johannesburg High Court two days before. Residents of the golf estate took the unprecedented step of hauling Blyth to court last week to get her committed to a mental asylum after a series of violent, racist and increasingly bizarre outbursts directed against them. - IOL website

 

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society