Equality Court finds Julius Malema's rally remarks were hate speech
South African Human Rights Commission and Another v Malema and Another — Equality Court, Western Cape Division · (EC16/2022; 17/2022) [2025] ZAEQC 6
A note on our sourcing
The EFF has publicly stated it intends to appeal this ruling to the SCA — treat it as not yet final.
What happened
The SAHRC and a private complainant brought EFF leader Julius Malema and the EFF before the Equality Court over 2022 rally remarks made near an incident involving Brackenfell High School, including a statement that 'revolutionaries must not be scared to kill.' The court found the remarks amounted to hate speech under section 10 of the Equality Act.
Why it made the news
A senior, sitting political leader found liable for hate speech is rare and drew national coverage; the EFF has indicated it will appeal to the Supreme Court of Appeal.
For lawyers & law students
Clarifies where political rhetoric crosses the line into unlawful incitement under PEPUDA — a speaker can be held liable even where remarks are framed as political mobilisation rather than a direct personal threat. Treat as persuasive rather than settled until the appeal is resolved.
For citizens
Reinforces that hate-speech law applies to politicians and public figures too — robust political rhetoric is protected, but calls that incite violence against a person or group are not.