The Johannesburg High Court has delivered a landmark judgment requiring Patriotic Alliance (PA) deputy president Kenny Kunene to formally apologise for his 2021 televised remarks describing EFF commander-in-chief Julius Malema as a “cockroach.”
The court affirmed this language constitutes prohibited hate speech under Section 10 of South Africa’s Equality Act.
Judicial Consensus on Dehumanizing Language
Presiding Judge Stuart David Wilson, with concurrence from Justices Mfenyana and Wentzel, dismissed Kunene’s appeal against the original Equality Court ruling.
The decision stems from a contentious eNCA interview on November 17, 2021, where Kunene repeatedly employed the insect metaphor while responding to Malema’s characterisation of the PA as “a party of criminals” following their coalition agreement with the ANC.
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High Court Orders Kenny Kunene to Issue Public Apology for Malema “Cockroach” Comment
Justice Wilson’s ruling emphasized the term’s dangerous historical implications, particularly its association with the Rwandan genocide where such dehumanizing rhetoric preceded mass violence. “Referring to political opponents as vermin undermines human dignity and threatens social unity,” the judgment stated, distinguishing between protected political criticism and unlawful hate speech.
Court Draws Line Between Criticism and Hate Speech
While acknowledging that political discourse often involves heated exchanges, the bench clarified that certain terminology crosses legal boundaries. The judgment noted that while Kunene’s other remarks (including calling Malema a “criminal” or “little frog”) constituted robust political rhetoric, the “cockroach” reference carried genocidal undertones that violated constitutional protections.
Remedial Measures and Future Restrictions
The court ordered Kunene to:
- Issue a written retraction within 30 days
- Deliver a public verbal apology
- Comply with a permanent interdict against repeating the term
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The PA was found jointly liable for legal costs, while the court dismissed procedural objections regarding the appeal’s validity as without merit.
This ruling reinforces South African courts’ commitment to maintaining civil political discourse while protecting individuals from language that could incite harm or hatred.