Equality Court’s Malema Verdict Is Cravenly Feeble

Scrutiny of the reasons Julius Malema gives for rejecting the Equality Court’s finding that he is guilty of hate speech and incitement of violence shows that he totally rejects the essential precepts of the constitution (The Mercury, August 29).

Claiming there is an “irreconcilable conflict between white supremacy and Black consciousness” indicates that he is incapable of non-racialism and transformation. Given his innate hatred of whites, it automatically follows that he rejects the preamble of the Constitution, which declares that South Africa belongs to all who live in it.

In claiming his reference to killing white people is merely “revolutionary rhetoric”, he exhibits deceit and memory lapse. The following self-incriminating statements made by Malema under oath, excerpted from the records of the Supreme Court of Appeal, the Constitutional Court and the Gauteng High Court and published by Biznews on 23 June 2025, lay bare exactly who Julius Malema is and what he stands for:

“All white people are criminals; all white people must be driven into the sea, and any white who remains here is going to be killed…it is an institutional decision.”

“Colonisation is violent. The only way to deal with violence, you must be violent. Therefore, there is nothing wrong in engaging in a revolution. Revolution itself is violence.”

“I am not scared of killing. A revolutionary is a walking-killing machine, not scared of death. If the need arises, I will kill. We are very angry. We are ready to kill.”

In light of the above excerpts, the Equality Court’s verdict that it “could be reasonably construed” that Malema “demonstrated a clear intention to incite harm” is cravenly feeble. Worse still is the Human Rights Commission’s acclaim for the Equality Court’s judgment for “upholding constitutional values.” What perverse nonsense! Malema has grossly violated the constitution and deserves nothing less than scathing condemnation and punishment. Vicky Momberg served two years in prison for using the ‘k-word’. Pensioner Penny Sparrow was reduced to penury by the onerous fine imposed on her for posting a single racially derogatory reference on social media.

As legal scholars Professor Koos Malan and Dr Willem Gravett have contended, the failure of the judicial system to convict Malema for graphic, unambiguous race hatred and incitement to kill is a travesty of justice. No white person exhorting violence against Blacks and their extermination would receive the kid-gloves treatment Malema enjoys for expressing such intentions.

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