Malema faces fresh charges

Embattled ANC Youth League President Julius Malema's legal woes are set to continue after fresh charges of hate speech were filed against him with the Equality Court on Monday, just hours after the court found him guilty of hate speech that demeaned women. The new charges relate to Malema's singing of the song "dubul'ibhunu" (shoot the Boer), which sparked an uproar.

Civil rights group Afriforum Youth is planning to march on the ANC's headquarters, at Luthuli House on Friday. Afriforum chairman Ernst Roets confirmed filing the new case against the youth leader and the ANC on Monday. The organisation said it had added the ANC as a respondent to the case because the ruling party had defended Malema's singing of the song. Afriforum wants the court to ban the song, order Malema to publicly apologise and be fined.

Source: IoL

The relevant provisions are:

PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT 4 OF 2000

Section 9 of the Constitution

Section 15 of the Constitution

Of equal importants is Schedule 1 of the CRIMINAL PROCEDURES ACT 51 OF 1977; particularly the crime of incitement to commit any offence referred to in Schedule 1.

The relevent offences are:

Treason: the action of betraying the values of the Constitution of South Africa;
Sedition: conduct or speech inciting people to rebel against the values of the Constitution of South Africa;
Public violence: Public behaviour involving physical force intended to hurt, damage, or kill someone or something;
Murder: the unlawful premeditated killing of one human being by another.

Of equal relevance is the PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 33 OF 2004

A TERRORIST ACTIVITY is ...

(a) any act committed in or outside the Republic, which -

i) involves the systematic, repeated or arbitrary use of violence by any means or method;

(ii) involves the systematic, repeated or arbitrary release into the environment or any part of it or distributing or exposing the public or any part of it to -

(aa) any dangerous, hazardous, radioactive or harmful substance or organism;

(bb) any toxic chemical; or

(cc) any microbial or other biological agent or toxin;

(iii) endangers the life, or violates the physical integrity or physical freedom of, or causes serious bodily injury to or the death of, any person, or any number of persons;

(iv) causes serious risk to the health or safety of the public or any segment of the public;

(v) causes the destruction of or substantial damage to any property, natural resource, or the environmental or cultural heritage, whether public or private;

(vi) is designed or calculated to cause serious interference with or serious disruption of an essential service, facility or system, or the delivery of any such service, facility or system, whether public or private, including, but not limited to -

(aa) a system used for, or by, an electronic system, including an information system;

(bb) a telecommunication service or system;

(cc) a banking or financial service or financial system;

(dd) a system used for the delivery of essential government services;

(ee) a system used for, or by, an essential public utility or transport provider;

(ff) an essential infrastructure facility; or

(gg) any essential emergency services, such as police, medical or civil defence services;

(vii) causes any major economic loss or extensive destabilisation of an economic system or substantial devastation of the national economy of a country; or

(viii) creates a serious public emergency situation or a general insurrection in the Republic, whether the harm contemplated in paragraphs (a)(i) to (vii) is or may be suffered in or outside the Republic, and whether the activity referred to in subparagraphs (ii) to (viii) was committed by way of any means or method; and

(b) which is intended, or by its nature and context, can reasonably be regarded as being intended, in whole or in part, directly or indirectly, to -

(i) threaten the unity and territorial integrity of the Republic;

(ii) intimidate, or to induce or cause feelings of insecurity within, the public, or a segment of the public, with regard to its security, including its economic security, or to induce, cause or spread feelings of terror, fear or panic in a civilian population; or

(iii) unduly compel, intimidate, force, coerce, induce or cause a person, a government, the general public or a segment of the public, or a domestic or an international organisation or body or intergovernmental organisation or body, to do or to abstain or refrain from doing any act, or to adopt or abandon a particular standpoint, or to act in accordance with certain principles, whether the public or the person, government, body, or organisation or institution referred to in subparagraphs (ii) or (iii), as the case may be, is inside or outside the Republic; and

(c) which is committed, directly or indirectly, in whole or in part, for the purpose of the advancement of an individual or collective political, religious, ideological or philosophical motive, objective, cause or undertaking;