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Five years after 'hit the boer' was sung during a work dispute, the saga has
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finally been closed by the Constitution Court.
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Constitutional Court of South Africa honours former Chief Justice Pius Langa, 27 August 2013 The Constitutional Court of South Africa
hosts a ceremony in honour of former Chief Justice Pius Langa in the Court Chambers. (Photo: GCIS)
The Constitutional Court has dismissed an appeal lodged by a company which fired eight
employees for singing a struggle during a protest five years ago.
“Climb on top of the roof and tell them my mother is rejoicing when we
hit the boer.”
The company then fired back by approaching the Labour Court in July 2016‚ seeking to have
the CCMA decision overturned. After this failed, Duncanmec approached the Labour Appeal
Court in October last year. Again, the court dismissed the case.
Making its way to the top of the judicial ladder, Duncanmec sought to have the matter heard by
the Constitutional Court of South Africa. The company argued that singing of the struggle song
constituted hate speech, hence the justified dismissal.
The Constitutional Court, however, disagreed with Duncanmec’s argument, ruling against the
company, which chose to single out the word ‘boer’ as the offensive term.
Jafta added that the judiciary had an important role to play in dismal based on alleged racism,
stating:
“There is no principle in our law that requires dismissal to follow
automatically in the case of racism. What is required is that arbitrators
and courts should deal with racism firmly and yet treat the perpetrator
fairly.”
Read: Agricultural DG says “Kill The Boer” targets all farmers, not just whites
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