Julius Malema should not have been convicted of hate speech

Julius Malema is a moronLet me be clear: I think Julius Malema is a complete tool. I can’t stand the man and I wish that the ANC would do something about him. He makes me afraid for our nation.

So I was pretty happy when I heard that he had been convicted of hate speech. But I’m conflicted. I disagree with the judgment…

Malema claimed that Jacob Zuma’s rape accuser was lying because she had not fled after the alleged rape:

“When a woman didn’t enjoy it, she leaves early in the morning. Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money”.

I think that is an offensive, ignorant and downright deplorable statement to have made. If the ANC were at all responsible they would have fired him on the spot. They are not that type of organization and that is a problem for all of us.

That said, I really don’t believe that the state should be able to fine Malema for this statement. Anyone making statements like this should be judged by society.

When the state enforces what you can and can’t say then things start to go wrong.

There’s a little thing called freedom of speech. I think it is quite important.

The South African law on hate speech says:

No person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to –
(a) be hurtful;
(b) be harmful or to incite harm;
(c) promote or propagate hatred.

This is too paternalistic. Just imagine the impact on freedom of speech.

Malema should be ridiculed. The ANC should have fired him long ago. But he should not be fined by the government for saying something offensive.

  • Dave

    hey there, just found your blog randomly… i think it was there the picture of natalie du Toit and luke watson…I was doing some asignment on her…. ANYWAYS
    I really enjoy your blog!!

    I want to add a comment on this piece on Malema: “how is it that he knows the behavior of raped women?” (or as he reduces the word rape:those who didn't enjoy it) is he some kind of rapist himself…

  • Monica Phiri


  • thubelihle

    He deserve it just like Mandela,Tambo and other heroes got tha platform. So let Julius Malema shine.

  • thubelihle

    Julius Malema is right.He means Africa,revolution,….,and is just there to fullfill the legacy of our liberation heroes.The truth is,if Julius Malema would have behaved like this in the era of the struggle,we will all be behind him.So lets support him like we would have in those war times-'viva Julius Malema'.

  • thubelihle

    Hate speech?is it not a Democratic nation were freedom of speech is a priority?

  • http://alistairpott.com/ alistairpott

    While I agree that Malema should have a platform I hate that you have grouped him with great men like Mandela and Tambo.

    Malema is a populist, racist buffoon. Despite that he still deserves freedom of speech.

  • fuk malema

    your name already states your ignorance.. he is in no way promoting democracy between races but he is rather slowly bringing on the opposite of apartheid because he is a plain racist

  • viva DF Malan

    jy is so dik soos fokken klip jy fokken neger, gaan terug na Zimbabwe jy AIDS comtaminated kak

  • Michael

    I believe this is not the awnser. Most black people here say VIVA now to Julius. Wait my friends, soon this country will be like Zimbabwe. Go on about kill the boer. Just take one thing in consideration, its been 16 years now. Most of us white people like my self, was born and came to know this country as it were. Kill us today, for you will deny your place in heaven, this life is only temporarily, what you do now will decide the life after for eternity. most of you Kids that speak now have no say of what had past. 70% of all people doesnt know the pain and suffering of the past, your parents had a say in it, not you. if your not 35-40 years of age, give it a rest. besides the country belongs to the youth, and the youth of 16 years ago grew up to be in a better off country. I think your all narrow minded, and you just want to encourage hate speech and racism. yes let the white man suffer for his past generations mistakes , and that they had no control over. Do you think everything stays the same? Only a fool believed his kind would rule for eternity, don’t make the mistake the old regime did. You and your goverment will fall. like every other in past history , even the greatest of greatest have fallen in ruins. So please stop this cycle now. and every1 can move on. I believe all you who denies my view are not christians and you have condemned yourself to a world that is as fragile as air. You will take no riches to heaven, and you transgressions will condemn you to en eternity of pain. so make a the better choice and be a better person.

  • natty

    wow micheal, nice word i’m nathaniel and indeed im 21 years and black. so your word look like you are to old and it shows that we have to lip before we talk, not to talk whatever what come in to your mind like that he says kiil the boer. we dont dont want to see this country collapsing like zimbabwe as we so it collapsing every da,.

  • Blahblah

    revolution heroes? terrorists planting boms killing both blacks and whites? thats no heroes materila.