Kunene Ordered to Apologize to Malema for Hate Speech
Natalie Nyathi
Kenny Kunene, the deputy president of the Patriotic Alliance, has been ordered by the courts to apologize to Julius Malema, leader of the Economic Freedom Fighters, for using hate speech. The Gauteng High Court upheld an earlier ruling by the Equality Court, which found Kunene guilty of hate speech for calling Malema a “cockroach” during a televised interview in November 2021.
During the interview, Kunene used derogatory terms to describe Malema, including “cockroach,” “little frog,” and “criminal.” Malema responded by taking legal action, arguing that these comments violated the Equality Act. The Equality Court agreed, ordering Kunene to issue a public apology and preventing him from using such language in the future.
Kunene appealed the Equality Court’s decision, arguing that his remarks were personal attacks and not hate speech. However, the High Court rejected this argument. Judge Stuart Wilson, who wrote the judgment, stated that calling another political leader a “cockroach” during a public discussion constitutes hate speech. The court emphasized that the term “cockroach” carries genocidal connotations, referencing the Rwandan genocide where the term was used to dehumanize and incite violence against the Tutsi people.
The court clarified that while some of Kunene’s other insults, such as calling Malema a “little frog” or a “criminal,” were not considered hate speech, the use of “cockroach” crossed the line due to its historical association with dehumanization and violence. The court underscored the importance of preventing political discourse from descending into mutual dehumanization and stated that the Equality Act serves to maintain civil debate.
Kunene has been ordered to issue both a written and oral apology to Malema within one month. He is also prohibited from referring to Malema as a “cockroach” in the future.
The Patriotic Alliance has acknowledged the court’s ruling and stated that they are still studying the judgment before issuing a formal statement.
