Notes on the Political Significance of Songs in Promoting Equality and Maintaining Historical Legacy: Legal Challenges to Hate Speech in Afriforum v Economic Freedom Fighters [2022] ZAGPJHC 599;2022 (6) SA 357 (GJ)

Abstract

Song and music can be a powerful medium through which life is expressed (Adebayo “Vote does not fight’: examining music’s role in fostering non-violent elections in Nigeria” 2017 17 African Journal on Conflict Resolution 55 56). Music influenced most fights towards the struggle for independence in most African countries (Adebayo 2017 African Journal on Conflict Resolution 55 61). This sentiment is evident from the judgment in Afriforum v Economic Freedom Fighters EQ 04/2020) [2022] ZAGPJHC. This case note studies the effect of the importance of singing songs in a democracy and the limitations thereof. History contains numerous examples of how music was used as a tool for political transformation and social revolution (Adebayo 2017 African Journal on Conflict Resolution 55 64). The disadvantage lies in the reality that the singing of songs can, in some instances, feed hatred and lead to dire consequences such as the commission of hate crimes (Adebayo 2017 African Journal on Conflict Resolution 55 64). The Afriforum judgment endorsed a contextual approach to the interpretation of racist speech and whether it can be classified as hate speech.