In a landmark ruling on Thursday, South Africa's Equality Court found that Julius Malema, leader of the Economic Freedom Fighters (EFF), engaged in hate speech during a rally held on October 16, 2022. The court determined that Malema's statements, which referenced a racially charged incident at Brackenfell High School, were not merely political rhetoric but direct incitements to violence based on race and political beliefs.

The South African Human Rights Commission (SAHRC) lauded the decision, emphasizing that freedom of expression does not protect speeches that advocate hatred and incite harm. The court's judgment underscored the severity of Malema’s comments, which included a call for violent retaliation against individuals involved in a "whites-only" graduation event, and controversial remarks encouraging supporters to not shy away from killing.

This case adds to Malema’s contentious history of provocative speech, including his repeated recital of the anti-apartheid protest song "Dubul’ ibhunu" (Kill the Boer), which has been a point of contention and interpreted by some, including tech mogul Elon Musk, as advocating for "white genocide."

The ruling arrives against a backdrop of significant legal and political shifts in South Africa concerning hate speech. In 2020, the Constitutional Court struck down provisions on incitement from the Riotous Assemblies Act, calling for a balanced approach to public safety and free expression. More recently, in 2024, President Cyril Ramaphosa enacted the Preventing and Combating of Hate Crimes and Hate Speech Bill, which criminalizes statements that incite hatred or harm towards protected groups.

The verdict also touches upon deep-seated racial and economic disparities in South Africa. Despite making up approximately seven percent of the population, white South Africans control a large portion of the country's privately held land and corporate leadership positions. This imbalance often fuels allegations of racial targeting against white South Africans, including disputed claims of widespread "farm killings," which have been categorically debunked by the government and crime experts.

The court's decision is a critical reminder of the ongoing struggle to harmonize freedom of speech with the imperative to protect citizens from hate speech and violence, a balance that remains at the forefront of South Africa’s journey towards equality and justice.