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Dubul' ibhunu

(Redirected from Kill the Boer)

"Dubul' ibhunu" (Xhosa: [dəbʊliːbuːnuː]), translated as shoot the Boer,[1] as kill the Boer[2] or as kill the farmer,[3][4] is a controversial anti-apartheid South African song. It is sung in Xhosa or Zulu. The song originates in the struggle against apartheid when it was first sung to protest the Afrikaner-dominated apartheid government of South Africa.[5]

Supporters of the song see it as a song that articulates an important part of South Africa's history,[6][7] is an important part of political discourse,[8][9] and that its meaning has been misconstrued.[10] Opponents of the song argue that can be seen to bear a literal interpretation[5][11][12][13] and therefore constitutes hate speech.[5][14] Social and political commentators on South Africa, such as Jonathan Jansen[15][16] and Stephen Grootes,[17] have noted the song's ability to increase racial divisions[18][19] and polarisation whilst strengthening radicals on either side of the country's political spectrum.[17]

Interpretation

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Boers, a sub-group of Afrikaners, are the descendants of the Dutch-speaking Free Burghers of the eastern Cape frontier in southern Africa who migrated to the rest of what would become South Africa during the Great Trek. The word boer also means 'farmer' in the Afrikaans language[14] and, depending on the context, is often a pejorative term for an Afrikaner when used by non-Afrikaners.[20][21]

Depending on the interpretation, the song might alternatively refer to institutional structures such as the National Party (NP), or to specific groups of people such as members of the South African Police (colloquially known as Boers), the armed forces in South Africa during apartheid,[6] white farmers,[22][23]: 14  or to a specific ethnic or racial group generally.[22][10][24][23]: 233 

Then African National Congress (ANC) secretary-general Gwede Mantashe has stated that interpreting dubul' ibhunu as 'kill the boer, kill the farmer' are perceiving a "vulgarised" version of the song that "incit[es] conflict" and that the song should instead be interpreted in the context of the struggle against apartheid as referring to a system.[5][25] Critics of the song such as AfriForum and TAU-SA believe that the song encourages, and can be partly blamed for, the violent attacks on South African farms owned by White people.[6]

History

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The song has origins across the South African anti-apartheid political spectrum and was used by both the ANC and Pan Africanist Congress (PAC). It pre-dates the toyi-toyi protest dance.[26]: 333 

One of the first recorded accounts of dubul' ibhunu was during the Delmas Treason Trial in 1985. The song was brought up in testimony during the trail wherein the prosecutor tried to link the defendants to the song and thereby prove malicious intent. The defense was able to rebut the implication that the accused acted with mens rea when it was proven that they were not present during its singing.[27]: 284–287 

During the Truth and Reconciliation Commission hearings, Ntuthuko Chuene claimed that he killed Godfrey Frederick Lanz Heuer on his farm in August 1992 because he had been influenced by the "kill the Boer, kill the farmer" chant at ANC rallies.[28][29] Chuene was convicted for Heuer's murder and sought clemency for what he argued was a politically motivated killing. Heuer's wife refused to give her permission to grant Chuene amnesty, arguing that Chuene's act was criminal in motivation rather than political.[28]

Anti-apartheid activist and politician Peter Mokaba sang the song at a 1993 memorial rally for the recently assassinated anti-apartheid leader Chris Hani. The period in the run-up to South Africa's first democratic election in 1994 and subsequent transfer of power from white-minority government was a notable period of instability for South Africa marked with fears of potential for widespread racial violence.[5] It was feared that the assassination of Chris Hani might trigger such violence and political chaos.[5] This coincided with Operation Great Storm, a violent paramilitary campaign launched by the Azanian People's Liberation Army (APLA), the armed wing of the PAC, aimed at violently displacing white farmers to reclaim land for black Africans.[30][31][32]

At Mokaba's funeral in 2002 the crowd spontaneously sang the song while ANC leaders were present.[5]

Controversy

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The song is controversial in post-apartheid South Africa,[10] where it has experienced a revival,[27] being most notably sung by then African National Congress Youth League (ANCLY) leader, later leader of the Economic Freedom Fighters (EFF), Julius Malema[33] and then South African President Jacob Zuma.[34] The song, along with the slogan "One settler, one bullet", is often associated with the phenomenon of farm attacks in South Africa.[23]: 14 

Malema first sang the song during a speech he was giving, in his capacity as President of the ANCLY, at the University of Johannesburg in 2010; where he sang in the context of post-1994 South Africa's slow resolution to the problem unequal distribution of land ownership along racial lines.[26][5] Four weeks after Malema's 2010 singing of the song the leader of the Afrikaner Weerstandsbeweging (a far-right wing Afrikaner nationalist party), Eugene Terre'Blanche, was murdered on his farm. Following these events the Afrikaner civil rights organisation AfriForum opened a case against Malema alleging that his use of the song was a provocation to racial violence and hate speech.[26]: 333 

At the EFF's 10th anniversary rally in 2023, Malema (now as leader of the EFF) again sang the song to an estimated 90,000 supporters[35] at the FNB Stadium.[36] The incident received international coverage with Elon Musk criticizing Malema on Twitter for singing the song, accusing him of "openly pushing for the genocide of white people in South Africa".[36][37] Malema subsequently replied on Twitter stating "O bolela masepa ("You are talking shit").[37] Following the EFF's 2023 rally Afriforum stated that the song was, according to testimony from Amanda Platt, sung by the perpetrators during a violent farm attack on Tim and Amanda Platt in KwaZulu-Natal; citing the incident as evidence of the song's literal and violent intent.[38]

South Africa's official opposition political party, the Democratic Alliance, stated it would file a complaint with the United Nations Human Rights Council[36][39] whilst the Freedom Front Plus opened a case of intimidation.[39] Malema later denied the accusation, citing Judge Molahlehi's 2022 judgement that the song was to be interpreted within its political context and thus not to be taken literally.[36][39][40] Malema also stated that he and the EFF would continue to sing the song.[41]

The Anti-Defamation League has issued a notice stating that despite its origins, the crude lyrics could be interpreted as a call for violence and urged to avoid invoking expressions that include violent threats.[42]

On 6 August 2023, The South African reported on a "surge" in attacks on white farmsteads after the EFF sang the song.[43]

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The song has been the subject of multiple court cases seeking to determine if the song is a form of hate speech, which is not protected speech by the South African Constitution and so is an offence to utter, or if it is a form of free speech that is protected by the constitution.

2003 Human Rights Commission ruling

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Following a complaint from the Freedom Front the South African Human Rights Commission (SAHRC) ruled that the song amounted hate speech in the context of a post-apartheid South Africa that was seeking reconciliation.[44]

2010 South Gauteng High Court decision

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In March 2010 South Gauteng High Court found that the phrase, spoken or sung, dubul'ibhunu ('shoot the boer') amounted to hate speech[10][5] and was therefore not protected free speech as outlined in section 16 of the South African constitution.[5]

2011 Equality Court decision

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In September 2011, the Equality Court at the South Gauteng High Court ruled that the song was discriminatory, harmful, undermined the dignity of Afrikaners, and thereby constituted hate speech;[33] and that it "prima facie satisfies the crime of incitement to murder."[45] The court ruled that Julius Malema, who was brought before the court for previously singing the song at rallies, was forbidden from singing it in the future.[33] Following the ruling Malema changed the wording of the song to "Kiss the Boer" and sang that instead[46]—however, it can be argued to still have the same psychological influence as the original, due to the well-known context for the altered lyrics. The following year, the ANC stated that they would not sing the song any more.[46]

2019 Human Rights Commission ruling

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The SAHRC acquitted Malema on five accounts of hate speech towards White and Indian South Africans, one of the charges being for the singing of an altered "Kiss the boer" version of dubul' ibhunu.[47] The SAHRC found that although Malema's comments were "still quite problematic to us in a democratic society that is committed to healing the divisions"[47] the charges brought against him were an attempt at suppressing "legitimate criticism and debate."[47] In July 2023 the Johannesburg High Court set aside the 2019 SAHRC finding, ruling that the SAHRC had acted outside its mandate in its finding on hateful speech.[48]

2022 Johannesburg High Court decision

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Malema, now leader of the EFF, again appeared in court in 2022 for allegedly singing the song in a case brought by Afriforum where the issue of whether or not the song was hate speech was debated.[49] The Johannesburg High Court ruled that the chant and song were not intended to be taken seriously; that Afriforum had failed to establish a causal link between the song and violence;[50][51] that the reference to Boer did not literally refer to White or Afrikaans people; that the song did not incite hatred towards White people generally; and ruled the song was not hate speech.[51][52][53] Afriforum appealed the decision and in 2024 the Supreme Court of Appeal confirmed the High Court's verdict that the song, as sung during the Senekal incidents, was not hate speech.[54][55]

Lyrics

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References

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  1. ^ Gray, Louise (10 September 2010). "Can Music Kill?". Index on Censorship. 39 (3): 112–120. doi:10.1177/0306422010379686.
  2. ^ Thompson, Mabunda M.; Ramhurry, Cindy (7 March 2014). "A uniting song that divides: A critical analysis of (Kill the Boer)". Muziki. 11 (1): 32–42. doi:10.1080/18125980.2014.893091. S2CID 145002213.
  3. ^ Broughton, Tania (25 August 2022). "Judge rules that "Kill the boer - Kill the farmer" is not hate speech". GroundUp News. Retrieved 20 March 2024.
  4. ^ Croucamp, Piet (11 August 2023). "It's not whites who should fear Malema's rhetoric". Vrye Weekblad (in Afrikaans). Retrieved 20 March 2024.
  5. ^ a b c d e f g h i j Brkic, Branko (29 March 2010). "'Kill the Boer': a brief history". Daily Maverick. Retrieved 16 March 2019.
  6. ^ a b c Quintal, Genevieve (19 May 2011). "'Shoot the boer': Lost in translation?". The M&G Online. Retrieved 16 March 2019.
  7. ^ Msila, Vuyisile (20 September 2011). "Mini and the song: The place of protest song in history" (PDF). www.sahistory.org.za. UNISA. p. 13. Retrieved 16 March 2019.
  8. ^ Gunner, Liz (2015). "Song, identity and the state: Julius Malema's "Dubul' ibhunu" song as catalyst". Journal of African Cultural Studies. 27 (3): 326–341. doi:10.1080/13696815.2015.1035701. ISSN 1369-6815. JSTOR 24758684. S2CID 142721849.
  9. ^ "Malema, Economic Freedom Fighters singing 'Kill the Boer' ruled not hate speech". The Mail & Guardian. 25 August 2022. Retrieved 7 August 2023.
  10. ^ a b c d "South Africa's songs of power". BBC News. 3 May 2014. Retrieved 7 August 2023.
  11. ^ SAPA (11 March 2010). "ANC OK with Malema singing "shoot the boer"". PoliticsWeb. Archived from the original on 26 December 2013. Retrieved 6 August 2023.
  12. ^ Mutasa, Haru. "'Shoot the Boer' freedom song banned". www.aljazeera.com. Retrieved 7 August 2023.
  13. ^ "Uproar as judge bars Shoot the Boer song". legalbrief.co.za. Retrieved 7 August 2023.
  14. ^ a b Gray, Louise (September 2010). "Can Music Kill?". Index on Censorship. 39 (3): 113. doi:10.1177/0306422010379686. ISSN 0306-4220. S2CID 145339333.
  15. ^ Jansen, Jonathan (2 August 2023). "There are reasons to worry about 'Kill the Boer', but genocide is not one of them". TimesLIVE. Retrieved 27 January 2024.
  16. ^ Jansen, Jonathan (3 August 2023). "'Kill the Boer' segregates citizens in a time of social and economic distress". HeraldLIVE. Retrieved 27 January 2024.
  17. ^ a b Grootes, Stephen (20 February 2022). "Song will tear us apart, again — just the way Malema and AfriForum want Song will tear us apart, again — just the way Malema and AfriForum would like". Daily Maverick. Retrieved 27 January 2024.
  18. ^ Editorial. "Editorial | Post-Dubula maturity is required". City Press. Retrieved 27 January 2024.
  19. ^ Bailie, Craig (10 August 2023). "EFF singing Kill the boer: Every S African should be concerned". Daily Maverick. Retrieved 27 January 2024.
  20. ^ "Boer - definition of Boer in A Dictionary of South African English - DSAE". dsae.co.za. Retrieved 30 October 2023.
  21. ^ Robinson, Rensia (6 August 2002). "Conflict, representation, interpretation - truth lied" (PDF). Poetics and Linguistics Association. 23 (1): 604.
  22. ^ a b Pretorius, Joelien (2014). ""Dubula ibhunu" (shoot the boer): A psycho-political analysis of farm attacks in South Africa" (PDF). Psychology in Society. 47: 21–40.
  23. ^ a b c "SAPS Report of a special committee of inquiry into farm attacks" (PDF). Africa Check. South African Police Service. 31 July 2003. pp. 14, 233, 445. Retrieved 20 September 2023.
  24. ^ Mutasa, Haru (13 September 2011). "'Shoot the Boer' freedom song banned". Al Jazeera. Retrieved 21 January 2024.
  25. ^ Pretorius, Joelien (2014). ""Dubula ibhunu" (shoot the boer): A psycho-political analysis of farm attacks in South Africa" (PDF). Psychology in Society. 47: 22 – via University of the Western Cape.
  26. ^ a b c Gunner, Liz (2015). “Song, Identity and the State: Julius Malema’s ‘Dubul’ Ibhunu’ Song as Catalyst.” Journal of African Cultural Studies, vol. 27, no. 3, pp. 326–41. JSTOR. Accessed 28 Jan. 2024.
  27. ^ a b Erlmann, Veit (2020). "'Shoot the Boer' – Hate Speech, Law and the Expediency of Sound". Law Text Culture. 24 (1): 275–301 – via UOW Library.
  28. ^ a b "TRUTH AND RECONCILIATION COMMISSION: "KILL THE BOER" SLOGAN LED TO FARM KILLING: TRC". www.justice.gov.za. South African Press Association. 14 October 1999. Retrieved 5 February 2024.
  29. ^ "TRUTH AND RECONCILIATION COMMISSION: ANC, IFP MEN AT TRC FOR KWA/NATAL VIOLENCE". www.justice.gov.za. South African Press Association. 8 October 1999. Retrieved 5 February 2024.
  30. ^ "SAPA - 29 Aug 97 - PAC'S GREAT STORM RETURNS TO HAUNT IT". www.justice.gov.za. 1997. Retrieved 27 January 2024.
  31. ^ "Truth Commission - Special Report - Transcript of episode 57, section 4, starting at: 21:24". sabctrc.saha.org.za. Retrieved 27 January 2024.
  32. ^ Lephakga, Tshepo (2018). "APLA and the Amnesty Committee of the TRC? An Ethical Analysis of the Amnesty Committee of the Truth and Reconciliation Commission of South Africa" (PDF). Studia Historiae Ecclesiasticae. 44 (1): 9. doi:10.25159/2412-4265/2379. ISSN 2412-4265 – via Scientific Electronic Library Online.
  33. ^ a b c "'Shoot the boer': It's hate speech, says judge". The M&G Online. 12 September 2011. Retrieved 16 March 2019.
  34. ^ "Hate speech charge laid against Jacob Zuma". News24. 24 February 2012. Retrieved 16 March 2019.
  35. ^ "South African opposition torn apart over apartheid song". Africanews. 1 August 2023. Retrieved 3 August 2023.
  36. ^ a b c d Kgosana, Rorisang (2 August 2023). "'I will sing 'Kill the Boer' as and when I please': Malema responds to struggle song outrage". TimesLIVE. Retrieved 3 August 2023.
  37. ^ a b Ditabo, Malaika (1 August 2023). "Elon Musk vs Julius Malema: EFF leader accused of inciting genocide with 'Kill the boer' song". News24. Retrieved 3 August 2023.
  38. ^ "Attackers chant "Kill the Boer, kill the Farmer" before stabbing female victim with spear - AfriForum". afriforum.co.za. 29 August 2023. Retrieved 29 September 2023.
  39. ^ a b c Ramushwana, Alpha (2 August 2023). "Malema defends the singing of 'Kill the boer, kill the farmer'". ewn.co.za. Retrieved 3 August 2023.
  40. ^ "Afriforum opposed to 'Kill the Boer' chant at EFF 10th anniversary celebration". SABC News. 31 July 2023. Retrieved 3 August 2023.
  41. ^ Masungwini, Norman (2 August 2023). "Malema promises 'kill the boer' chant will remain in his repertoire". City Press. Retrieved 3 August 2023.
  42. ^ "ADL Statement on "Kill the Boer"". www.adl.org.
  43. ^ Farm attacks in SA surge after EFF sings "Kill the Boer" song, the south african.com. Accessed 8 August 2023.
  44. ^ "Heritage or hate speech?". Archive and Public Culture Research Initiative. University of Cape Town. 12 April 2010.
  45. ^ Staff Reporter (19 May 2011). "Judge to ignore 'shoot the boer' order for Malema case – The Mail & Guardian". mg.co.za. Retrieved 7 August 2023.
  46. ^ a b Smith, David (1 November 2012). "South Africa: ANC promises to stop singing Shoot the Boer". The Guardian. ISSN 0261-3077. Retrieved 16 March 2019.
  47. ^ a b c Tandwa, Lizeka (27 March 2019). "SAHRC finds Malema comments referred to commission not hate speech". News24. Retrieved 2 February 2024.
  48. ^ Kgosana, Rorisang (14 July 2023). "Court sets aside SAHRC decision that exonerated Malema of hate speech". TimesLIVE. Retrieved 2 February 2024.
  49. ^ Masweneng, Kgaugelo (18 February 2022). "Expert witness in hate crime case unpacks use and significance of 'Dubul' ibhunu'". TimesLIVE. Retrieved 2 March 2022.
  50. ^ "'Afriforum failed to establish causal link between 'Kill the boer' & violence'". 702. Retrieved 7 August 2023.
  51. ^ a b c "English translation of Aw Dubul'ibhunu | IOL News". www.iol.co.za. Retrieved 16 March 2019.
  52. ^ Broughton, Tania (25 August 2022). "GROUNDUP: EFF singing of 'Kill the Boer, Kill the Farmer' not hate speech, court rules". Daily Maverick. Retrieved 26 August 2022.
  53. ^ Masson, Eunice (25 August 2022). "Malema, Economic Freedom Fighters singing 'Kill the Boer' ruled not hate speech". The Mail & Guardian. Retrieved 26 August 2022.
  54. ^ Moosa, Tauriq (30 May 2024). "Julius Malema singing 'shoot the boer' is not hate speech, SCA rules". Retrieved 9 August 2024.
  55. ^ "THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT" (PDF). Southern African Legal Information Institute. 28 May 2024. Retrieved 9 August 2024.
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