Equality courts came into being in SA about 20 years ago, in part to give those suffering discrimination in an unequal society a chance for redress in otherwise expensive and inaccessible courts. They were not meant to be another easy payday for the big-name advocates who have become familiar to South Africans. Apart from giving the poor a leg-up in the legal world, the Equality Court has also become a place for rich politicians and activists to seek sympathy (and publicity) for some slight and, if possible, get a payout for it, while conveniently limiting free speech.

Thus it was this week that the Equality Court in Johannesburg was the stage for yet another showdown over the struggle song, Kill the Boer, otherwise known as Dubul’ ibhunu. In a civil matter AfriForum wants the court to find EFF leader Julius Malema and his party in contempt of court for their repeated singing of the song at rallies and protests, saying it constitutes “hate speech’’ in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act...