The true subject matter of his hate-speech trial, as far as voters are concerned, was the EFF’s maturity and suitability for national power
EFF leader Julius Malema sits in the witness stand at the Equality Court at the South Gauteng High court in Johannesburg, during a hate speech case brought by Afriforum relating to the singing of the struggle song “Shoot the Boer”, in this February 16 2022 file photo. Picture: SUNDAY TIMES/ALAISTER RUSSELL
Malema was predictably bombastic and antagonistic, making for the sort of enthralling televised viewing one seldom sees in the rather dry reaches of court rooms. In terms of the hate speech battle, the EFF can politically spin a victory irrespective of the verdict. If Malema loses he is a victim and target of a white monopoly capital-controlled judiciary. If he prevails he is vindicated in the face of AfriForum’s white oppression.
His examination in chief included a great deal of EFF propaganda regarding its planned governance strategy once it takes presidential power. This evidence had nothing to do with the hate speech, an obvious attempt to use the televised trial as a political propaganda exercise. Evidence at cross-examination is strictly limited to the testing of evidence canvassed during examination in chief or to the testing of materially contradictory opposing evidence.
Section 10 of the Equality Act defines hate speech as speech that, inter alia, “could reasonably be construed” to be “be harmful or incite harm”. The intent of the statement maker is irrelevant if it could reasonably be construed as harmful or inciting harm. Malema cannot have his cake and eat it in terms of context.
Evidence led by one of AfriForum’s experts at this trial found via surveys that most South Africans have no problem with people of other races. The majority of South African voters are not extremists, they seek a moderate steady hand: the antithesis of Zanu-PF. The EFF’s spin doctors got this one wrong, or more likely, the nation witnessed the limits of Malema’s political nous and intelligence. He was totally flustered and bamboozled by Oppenheimer’s intellectual slow poison.