Norton Rose Fulbright secures landmark hate speech ruling against Julius Malema and the EFF
South Africa | Press release | August 2025
Norton Rose Fulbright South Africa, acting on behalf of the South African Human Rights Commission (SAHRC), has secured a landmark victory in the Equality Court, which has found Julius Malema and the Economic Freedom Fighters (EFF) guilty of hate speech.
The Equality Court declared that Mr. Malema’s statements during a public address on 16 October 2022 went beyond political rhetoric and constituted direct incitement to violence and racial hatred. The Court held that exhortations to “kill” in the name of revolution targeted white males and violated section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act).
"This judgment makes clear that freedom of expression cannot be used as a shield for hate speech. Leaders must be held accountable for words that incite violence and hatred." Says Jason Whyte, Director at Norton Rose Fulbright.
The SAHRC was represented by Norton Rose Fulbright’s Social Impact team, led by Jason Whyte and Laura Macfarlane, with counsel Karrisha Pillay SC, Sibonile Khoza, and Tongayi Masvikwa.
Congratulations to the team on this outstanding achievement, which showcases the strength and impact of our work.