This week, Julius Malema has been facing one of the biggest moments of his political career. He is on trial, charged with allegations of hate speech. It relates to his repeated singing of the struggle song, Ayesab' amaGwala. The lyrics in question, 'awu dubhul' iBhunu' translate to 'shoot the Boer/farmer/white man' in the eyes of AfriForum, the Transvaal Agricultural Union, and other Afrikaans speaking civil rights groups. The African National Congress insist that 'iBhunu' is a metaphor for Apartheid and racial segregation in general. And thus, in the confines of the Equality Court in Johannesburg, a charged political dispute between the right to free speech or the right to freedom from fear is being played out.
The argument goes that people who sing 'awu dubhul' iBhunu' are inciting others to violence against white South Africans, specifically Afrikaans speakers. Moreover, in the light of the persistent incidents of gruesome murders of farmers since 1990, and also violent crimes that have continued to blight South Africa, it has been deemed inappropriate for a song with such an explicit lyric to be sung. Moreover, the person of Malema is not exactly popular among white South Africans. He is frequently portrayed as a racist and anti-white in the mainstream media.
On the other side, it has been argued that Ayesab' amaGwala is an important relic of the fight against Apartheid. Resistance to racial segregation frequently took the form of song, structured typically around the call and response, which is a feature of southern African music, particularly choral music. Thus, the song is emblematic not just of the political struggle which took place, but also of the cultural struggle. Banning the song would amount to an attack on the cultural heritage of black South Africans.
On the face of it, there seems to be no compromise. If Malema is cleared, then white South Africans will take this as a sign that they are not welcome in the new South Africa, and that the ANC does not care for the troubles of white South Africans. However, if Malema is found guilty, it would most certainly be an affront to the right to free speech. Besides, one cannot actually ban someone from singing a song. In very few instances in history has someone been banned from singing a particular song, and adhered to that ban. One can certainly ban Malema or an ANC leader from singing the song, because they are in the public eye. But how does one regulate the singing of the song in the townships or the countryside? It is a thorny issue that seemingly has no middle ground.
In the musico-cultural history of Ireland, there are numerous songs denigrating their former English oppressors. Songs referring to the 'Huns' from Britain and others that glorify the IRA and armed struggle are well known throughout the country. But it would not be considered appropriate for Ireland's political leaders to sing such songs, considering that Ireland has international relations with Britain. There is no ban on the song, but considering that Britain is one of Ireland's most important political and economic allies, it would be frowned upon for the Irish Taoiseach (Prime Minister) to sing songs about the 'cursed' British and their 'foreign spleen.'
Perhaps that is the middle ground. Maybe the Equality Court should clear Malema of charges, but insist that out of respect for white South Africans, the ANC do not sing the song, so that the political and cultural history of resistance to Apartheid is preserved, and the sensitivities of white South Africans are acknowledged.
Besides, it would be more appropriate for the ANC to sing songs about the problems facing South Africa today, like crime and wealth divides.
