Afriforum’s latest bid to have the controversial struggle song “Kill The Boer – Kill the Famer” declared hate speech has failed again.

The lobby group recently approached the Constitutional Court for leave to appeal previous rulings on the matter, but their application for access to the court was dismissed yesterday.

Afriforum wanted to appeal a Supreme Court ruling last year, which upheld a 2022 Equality Court finding that the chant was not considered hate speech.

EFF leader Julius Malema recently performed the chant at a Human Rights Day rally in Sharpeville, which garnered renewed US scrutiny, as Elon Musk, US President Donald Trump and US Secretary of State Marco Rubio posted about it.

“Kill the Boer” is a chant that incites violence. South Africa’s leaders and politicians must take action to protect Afrikaner and other disfavored minorities. The United States is proud to offer those individuals who qualify for admission to our nation amid this continued…

— Secretary Marco Rubio (@SecRubio) March 24, 2025

Malema has welcomed the Constitutional Court’s decision, taking a jab at both both Trump and Musk on X:

The ⁦@EFFSouthAfrica⁩ superior logic prevails again. I want all of you combined with your white supremacist; we will still show you flames. Try me boys. ⁦@elonmusk⁩ ⁦@realDonaldTrump⁩ pic.twitter.com/hhF9Aljkhp

— Julius Sello Malema (@Julius_S_Malema) March 27, 2025

Afriforum’s Kallie Kriel, who also recently appealed to President Cyril Ramaphosa to publically condemn the use of the chant, is not leaving it there.

The lobby group has been vocal in its critique of the South African government, and they have in turn been accused of spreading disinformation abroad.

Kriel told Netwerk24 that he has instructed AfriForum’s legal team to speak with international experts to prepare a case to take the fight abroad, even as far as the United Nations.

“We do not accept the decision calmly, and we will not resign ourselves to it, because we have self-respect. We also refuse to accept that our children must hear that they can be murdered, and that society approves of it. We will continue to fight this – also internationally.”

With the political transition of 1994, the impression was created that the Constitution and the Constitutional Court would protect human rights – protection that would also include the human rights of Afrikaners. After this shocking court judgement, we see that this is no longer… pic.twitter.com/aDW24r76qw

— Kallie Kriel (@kalliekriel) March 27, 2025

While President Ramaphosa has not yet addressed the matter, the Democratic Alliance have spoken out about the inflammatory “Kill the Boer” chant, which the party says has no place in our society, regardless of any legal ruling on its constitutionality.

DA National Spokesperson Willie Aucamp says the fact that this song continues to be sung by Julius Malema and other political figures is deeply troubling and unacceptable.

“The song “Kill the Boer, kill the farmer” goes beyond mere words. It incites violence, stokes hatred, and deepens divisions within our society. We should be working towards unity and healing, and songs like this only serve to deepen the rifts that still exist in our country.”

Aucamp says this type of divisive language risks South Africa’s reputation on the global stage, making the country more vulnerable to external scrutiny.

“We cannot afford to further polarise our society or undermine the international standing we’ve fought so hard to build. The court’s ruling on this matter, however controversial, should not be seen as a validation of its acceptability in the broader social context.”

The DA have also called on Ramaphosa to condemn the singing of this song and not to deflect and minimise the issue.

At the same time, the Freedom Front Plus has expressed its disappointment at the Constitutional Court’s decision on the matter.

The party agrees with Afriforum that the song is and always will be hate speech, and should under no circumstances be tolerated in a country plagued by racial tension.