The Equality Court has found Economic Freedom Fighters (EFF) leader Julius Malema guilty of hate speech for remarks he made during a party rally in Cape Town nearly three years ago.
Judge Mark Sher delivered judgment on Wednesday, stating that Malema’s words — “you must never be scared to kill” — encouraged violence and incited harm. The court found his statements violated the Equality Act and showed “a clear intention to promote and propagate hatred.”
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The comments were made at the EFF’s third provincial people’s assembly in October 2022, where Malema referenced a confrontation between Brackenfell High School parents and EFF members in 2020.
Controversial Remarks at the Heart of the Ruling
At the rally, Malema told his supporters: “No white man is going to beat me up and (I) call myself a revolutionary the following day. You must never be scared to kill. A revolution demands that at some point there must be killing, because the killing is part of a revolutionary act.”
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The court concluded that such statements went beyond political rhetoric and risked fueling racial hatred and violence. This is not the first time Malema’s outspoken comments have landed him in legal trouble.
Julius Malema’s EFF Pushes Back, Plans to Appeal the Judgment
In response to the ruling, the EFF strongly rejected the court’s interpretation. The party said the judgment represented “an attack on democratic space and the right to articulate revolutionary politics.”
The EFF argued that Malema’s speech was stripped of its political, historical, and ideological context and that the court underestimated the audience’s ability to interpret metaphor and rhetoric.
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The party confirmed it has instructed its lawyers to appeal the ruling, signalling what could become another high-profile legal battle for its firebrand leader.
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