HRC says 'kill boer' slogan is hate speech

It's official. The slogan "kill the farmer, kill the boer" is hate speech, according to a finding of an appeal tribunal of the South African Human Rights Commission. Thursday's finding came after a complaint from the Freedom Front (FF) about the use of the slogan - and an appeal against an earlier commission finding that the phrase was not hate speech. "Even though we had to struggle for three years, we welcome the finding. Finally they came to the right conclusion," said FF leader Pieter Mulder.

Declaring the slogan to be hate speech was a first step in the right direction to stop farm killings, Mulder said. "The first finding had double standards because it meant racism was only wrong when it was by whites to blacks, but now we know that it is also wrong for blacks to be racist against whites," said Mulder.

The party lodged a complaint with the Human Rights Commission in Johannesburg after African National Congress members used the slogan during two public meetings in June last year. One was at the funeral of ANC MP Peter Mokaba in Polokwane, and the other at an ANC youth rally in Kimberley. Earlier this year, the commission said the slogan did not constitute hate speech, but was an instance, although an undesirable one, of the right to freedom of expression. The Freedom Front appealed against the finding. "The slogan 'kill the farmer, kill the boer' as chanted at an ANC youth rally in Kimberley and at Mokaba's funeral is hate speech as defined in Section 16(2)(c) of the Constitution," said commissioner Karthy Govender.

He said freedom of expression was a fundamental right in democracy but by the same token South African courts were clear that the freedom of expression was not a supreme right as in the United States constitution. "We have concluded that the calling for the killing of a group of people is an advocacy of hatred, which must amount to harm," he said.

Simon Kimane, of the Freedom of Expression Institute, expressed disappointment with the finding. "There is no causal connection between the slogan and any actual killings of Afrikaners in this country," he said. He said the institution's submission had pleaded for the right of freedom of expression for the young South African democracy, and that the institution feared that the finding might set a bad precedent.

ANC spokesperson Smuts Ngonyama said "kill the farmer, kill the boer" was never an adopted slogan of his party. "The ANC will discourage people from using the slogan," he said.

Source: IoL