Overview

• Judges found Julius Malema’s statements at an October 2022 EFF rally were clear exhortations to violence intended to incite harm and hatred.
• The ruling cited lines such as “you must never be scared to kill,” finding they amounted to an exhortation to kill white males linked to the 2020 Brackenfell High School incident.
• The Economic Freedom Fighters said they will appeal, arguing the court stripped the speech of its political, historical and ideological context.
• The South African Human Rights Commission welcomed the judgment, emphasizing that freedom of expression does not protect advocacy of hatred that incites harm.
• Equality courts can order apologies, compensation or referrals for prosecution, and the court has not yet issued any remedial order in this case.