Kunene and Another v Malema (A2023/092235) [2025] ZAGPJHC 742 (5 August 2025)

Kunene and Another v Malema (A2023/092235) [2025] ZAGPJHC 742 (5 August 2025)

The court held that Mr. Kunene's repeated use of the word 'cockroach' to describe Mr. Malema in a televised political debate constituted hate speech under section 10 of the Equality Act. The term 'cockroach' carries internationally recognised genocidal and dehumanising connotations, particularly in the context of political conflict, and its use was reasonably understood as intended to promote hatred and incite harm against Mr. Malema based on his political beliefs and conscience. The court rejected the argument that political affiliation cannot be a ground for hate speech, finding that conscience and belief are protected grounds and that discrimination based on political affiliation may...

Citation
[2025] ZAGPJHC 742
Parties
Appellant: Kenny Kunene; Appellant: The Patriotic Alliance; Respondent: Julius Sello Malema
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 August 2025
Case Number
A2023/092235
Procedural Posture
Civil Appeal / Appeal From Equality Court Judgment
Outcome
Appeal dismissed. Equality Court's order varied and confirmed as to hate speech regarding 'cockroach', with interdict and apology ordered. Costs awarded against appellants jointly and severally.
Judges
Wilson, Mfenyana, Wentzel
Legal Topics
Hate Speech, Equality Act Section 10, Political Expression, Limits on Free Speech
Constitutional Law Civil Procedure Hate Speech Equality Act Section 10 Political Expression Limits on Free Speech

Case Brief

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Parties

Kenny Kunene

Appellant

The Patriotic Alliance

Appellant

Julius Sello Malema

Respondent

Procedural Posture

Civil Appeal / Appeal From Equality Court Judgment

Legal Issues

  1. 1 Whether referring to a political opponent as a 'cockroach' constitutes hate speech under section 10 of the Equality Act.
  2. 2 Whether hate speech can be committed in the context of political debate based on political affiliation or belief.
  3. 3 Whether the Equality Court's order was appropriate in its scope and remedies.

Ratio Decidendi

The court held that Mr. Kunene's repeated use of the word 'cockroach' to describe Mr. Malema in a televised political debate constituted hate speech under section 10 of the Equality Act. The term 'cockroach' carries internationally recognised genocidal and dehumanising connotations, particularly in the context of political conflict, and its use was reasonably understood as intended to promote hatred and incite harm against Mr. Malema based on his political beliefs and conscience. The court rejected the argument that political affiliation cannot be a ground for hate speech, finding that conscience and belief are protected grounds and that discrimination based on political affiliation may...

Court Disposition

Appeal dismissed. Equality Court's order varied and confirmed as to hate speech regarding 'cockroach', with interdict and apology ordered. Costs awarded against appellants jointly and severally.

Orders

  • The application to declare that the appeal has lapsed is dismissed with costs, including costs of two counsel, taxed on the 'C' scale.
  • The appeal is dismissed with costs, including costs of two counsel, to be paid by the first and second appellants jointly and severally, the one paying the other to be absolved. Counsel's costs may be taxed on the 'C' scale.