Should a leader of the ruling party celebrate the shooting of Boers?

SONGS from the years of struggle against apartheid still rouse every rally of the ruling African National Congress (ANC). But the words of one have been held to breach South Africa’s constitution. Often hailed as one of the world’s most liberal, it advocates free speech but bans “advocacy of hatred that is based on race…and that constitutes incitement to cause harm”.

Julius Malema, the firebrand leader of the ANC Youth League, whose prominence and influence belies his 29 years, recently chose to perform “Ayesaba Amagwala”, a Zulu ditty with lyrics that say “Dubula ibhunu”, meaning “Shoot the Boer”, the Afrikaans word for farmer that is often held to refer to whites in general.

Some 3,000 white farmers and their family members are reckoned to have been murdered since the advent of democracy in 1994. So Mr Malema’s choice of song provoked a wave of outrage, with opponents accusing him of condoning such violence. According to the South African Institute of Race Relations, a think-tank, research suggests that at least 90% of the attacks on white farmers were “purely criminal”. Labour disputes accounted for others. Only 2% were said to be motivated by “racial animosity”.

Mr Malema’s latest rendition has raised the question of whether his right to free speech should be trumped by the constitution’s ban on spreading hatred. The race-relations institute’s Kerwin Lebone says the ban should prevail. “These kinds of things are necessary if we are to protect what was achieved in 1994,” he says. “Otherwise, what’s the point?”

Last week a high court ruled that “Dubula ibhunu” was unconstitutional and illegal, leaving Mr Malema open to prosecution if he repeats the display. He has already been convicted of hate speech by the Equality Court (set up in 2000 to enforce laws against discrimination) after saying that the woman who accused President Jacob Zuma of rape (for which he was acquitted in 2006) had “had a nice time”. “Apartheid took us to prison for singing these songs,” says a defiant Mr Malema. “If I am to be sent to jail under the new democratic order for singing them, then so be it.”

Opposition and civil-rights groups have asked Mr Zuma and the ANC to rein in Mr Malema, but the ruling party insists the songs are part of liberation history and will appeal against the court ruling. Mr Zuma sounds equally loth to rebuke his young charge in public. He faces division within the ANC and seems unable or unwilling to berate him privately. Mr Zuma will also recall the hoo-ha during his own struggle to win the presidency, when he would sing his favourite anthem, “Awuleth’ umshini wami”(“Bring me my machinegun”), with fist-pumping panache.