'Shoot the Boer!' An Epitome of Hatred in the New Political Context

By Lyndon T. Nkomo

IFSDZ PAPER

Introduction

I am very surprised by the stance taken by the ANC to appeal against the decision which classified the "Shoot the boer" song as hate speech. I have not had an opportunity to study the judgment but I wish to express my personal opinion on this matter which is very important in that it has an impact on the concept of free speech under South African jurisdiction.

Historical Perspective

There is no doubt that most African liberation organisations such as ANC, ZANU PF, PF ZAPU had songs which they used to motivate and rally the masses behind the political agenda of the day. In Zimbabwe, our people sang all sorts of songs and among them, songs with lyrics like 'Hona mukoma Nhongo berekeka sub tiende...' and 'Mabhunu muchapera...'   The 'Mabhunu muchapera...' lyrics are comparable to the 'Dubul Ibhunu' (Shoot the boer). They were both liberation songs meant to motivate the oppressed black majorities to fight the oppressive minority white enemy in power at the relevant times. There is no doubt that these songs were relevant for the political context and period that they were sang. Singing is an integral aspect of African culture but songs are also event related. Africans have songs for funerals, wedding and victory celebrations or any other occasion you may think of. It is what completes us as African people and brings personal satisfaction and fulfilment but one thing about Africans is that they are conscious not to sing songs that are not related to the occasion convened.

Constitutional Perspective

The Constitution of South Africa is founded on the values of human dignity, freedom and equal worth. Section 16 (1) protects all forms of expression but section 16 (2) provides a limitation beyond which certain forms of expression such as hate speech will not find protection under the constitution. The Constitutional Court in the matter of Islamic Unity Convention, Langa DCJ observed that ' Implicit is its [s16(2)] provisions is an acknowledgment that certain expression does not deserve constitutional protection because amongst other things, it has the potential to impinge adversely on the dignity of others and cause harm....' Theodore M. Vestal writes that '...hate expressions inflict not only physical harm but also unique psychic damage on victims. Because a hate crime is directed not only at the individual victim, but also at the group to which the victim belongs, such violence tends to escalate from individual conflicts to mass disturbances by exacerbating divisions among observers who sympathize with either the victims or the attackers.' Hate Speech does not give any positive benefits to the society but simply galvanises the society towards not only prejudicial but contemptuous treatment of  the targeted group of people in a particular society. In Islamic Unity Convention v Independent Broadcasting Authority and Others 2002 (5) BCLR 433 (CC) the Constitutional Court had emphasized that freedom of expression should not be permitted to impair the exercise and enjoyment of other important rights, such as the right to dignity, other State interests and the pursuit of national unity and reconciliation.' The key issue in this observation by the Constitutional Court is that the right to dignity under the South African political context is meant to foster national unity and reconciliation among other issues. This is a critical statement which epitomises the deliberate policy pronouncement made by the founding father of the post-1994 democratic South Africa, former President Nelson Mandela that South Africa is a ‘rainbow nation’. This pronouncement meant that as different as the colours of a rainbow are so are the people of South Africa but the different colours of the rainbow blend together in unity to form one beautiful natural feature, that is a rainbow. Therefore, the different colours of the people of South Africa must blend together to form one beautiful united and racially tolerant nation. Such was the vision of Nelson Mandela that when you see a rainbow in the sky, it heralds cessation of rain and the coming of tranquillity in the natural atmosphere and as such the rainbow nation heralds unity in diversity of skin colours and cessation of previous hostilities.

Shoot the Boer Song vs. The Rainbow Nation Vision.

The rainbow nation vision of South Africa was a genuine and deliberate desire to bring about unity and reconciliation to the previously belligerent groups in South Africa. That deliberate vision ushered in a new political context for South Africa as a nation. The vision is one that stresses tolerance and unity even in the diversity of the colours of the South African people. Therefore, self-respecting Africans would not sing a song like this because it violates the new political context by preaching hatred, harm and disunity especially in an environment where the ANC government is failing to create jobs and decent basic amenities such as housing and sanitation to the previously disadvantaged people. It is not a secret that South Africa is sitting on a political time bomb because of poor service delivery and it will be irresponsible for any political leader to seek to diffuse this deadly bomb. Instead, Malema and others in the ANC must ensure that they deliver what they promised to the electorate through good governance. When political leaders in a free nation such as South Africa advocate for violence, it is a reflection of their weaknesses in governance and this is done to conceal such weaknesses by attempting to pass on the blame to the next person. Who doesn’t know that Malema is a fat cat, actually facing corruption allegations and what has he and his colleagues in government done for the South African people except lining their pockets with ill-gotten riches?

However, those that were previous masters must also not take advantage and perpetuate inequalities but must embrace change and the harmony expected in the new political context. There must be equal opportunities for all people in South Africa or else the irresponsible and opportunistic political leaders such as Malema will take advantage of the situation to foment racial hatred and ignite the political time bomb building up in South Africa.

Conclusion

Malema and the ANC are therefore wrong in singing this divisive song at their public rallies because it brings revolting effects on the beautiful rainbow nation. The song expresses and incites hatred and therefore does not deserve any protection under the new South African Constitution until such time the constitutional values of human dignity, freedom and equal treatment of all people in South Africa are changed (God forbid!).