SCA: FMF to join as friend of the court during AfriForum v Julius Malema hate speech appeal


03 September 2023


Anneke Burns

The FMF is an independent, non-profit, public benefit organisation, created in 1975 by pro-free market business and civil society national bodies to work for
a non-racial, free and prosperous South Africa.
As a policy organisation it promotes sound economic policies and the principles
of good law. As a think tank it seeks and puts forward solutions to some of the country’s most pressing problems: unemployment, poverty, growth, education, health care, electricity supply, and more. The FMF was instrumental in the post-apartheid negotiations and directly influenced the Constitutional Commission to include the property
rights clause: a critical cornerstone of economic freedom.

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SCA: FMF to join as friend of the court during AfriForum v Julius Malema hate speech appeal

Defending Equality before the Law, Non-Racialism in Court’
The Rule of Law Project  an initiative of the Free Market Foundation (FMF)  will join court proceedings tomorrow at the Supreme Court of Appeal (SCA) during AfriForum's appeal against the ruling by the Equality Court in favour of Julius Malema and the Economic Freedom Fighters (EFF). 
The Equality Court previously found against AfriForum, concluding that the EFF and Malema were not guilty of hate speech in their singing of ‘Dubul' ibhunu’ (‘Kill the Boer’).
The FMF Rule of Law Project believes that in light of the Equality Court's judgment, the courts' application of hate speech law has become inconsistent, threatening equality before the law and the observance of non-racialism in judicial proceedings.
The Rule of Law Project has approached the SCA as a friend of the court to guide precedent for all courts in the direction of equal application of hate speech law and non-racialism in any court cases. 
The Rule of Law Project has made written submissions to the Court regarding the appeal. Adv Mark Oppenheimer – counsel for the Project  will also make oral submissions on the day. 
There will be opportunities for photographs and interviews outside the court. 
Proceedings will commence as follows:
Date: 4 September 2023 
Time: 10h00
Venue: Supreme Court of Appeal 
Address: Cnr President Brand St & Elizabeth St, Bloemfontein, 9301

Media enquiries:
Anneke Burns 
FMF Publicist

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