EFF president Julius Malema is back in the Equality Court facing hate speech charges, again.
This time, Mpumalanga Afrikaner and lawyer Hilmer Wilhelm Kruger is taking him to court over the chant "Kill the Boer, Kill the Farmer".
The case comes despite the Supreme Court of Appeal already ruling that the song does not constitute hate speech.
AfriForum previously dragged Malema to court for hate speech over the same song, also known as Dubula Ibhunu. The lobby group lost in the high court and appealed to the Supreme Court of Appeal (SCA).
The SCA threw out AfriForum's case.
The organisation then tried to appeal at the Constitutional Court, but the Apex Court refused to hear the case, saying it had no prospects of success.
Now, Kruger has revived the battle.
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He wants the Equality Court to declare that Malema's chanting of "Kill the Boer, Shoot to Kill" and "Nyamazana" is hate speech that violates the Promotion of Equality and Prevention of Unfair Discrimination Act.
In his founding affidavit, Kruger said Malema sang the song on various dates during 2024, 2025, and 2026 at EFF rallies and events.
He cites Malema as the first respondent and the EFF as the second respondent.
Malema publicly sang the song immediately after being convicted by Magistrate Twanet Olivier of contravening the Arms Control Act at the East London Magistrates Court on 1 October 2025, Kruger said.
"The first respondent again publicly sang the song after presentencing on 23 January 2026, and thereafter repeatedly on subsequent occasions," he said.
EFF members also repeatedly chanted "Nyamazana" - which Kruger claims loosely means "wild animals" but colloquially means "rubbish" and refers to white people.
"The chant targets whites, white farmers, and rural residents and is widely understood as a direct call for harm against a racial and occupational group. It has caused fear, anxiety, and heightened social tension in white and farming communities already affected by violent crime," he said.
Kruger also claims that a coffin linked to Olivier was publicly displayed after the song was chanted.
"This constitutes directed symbolic intimidation, the use of death imagery toward an identifiable judicial officer in a public setting. The first respondent publicly criticised the presiding magistrate, accusing her of punishing him for his political views and of abusing the justice system to settle political scores," he said.
Speaking to Daily Sun, Kruger confirmed that he has lodged a court case against Malema and the EFF.
"In the Afrifroum case, the song Dubula Ibhunu was incorrectly translated to mean Kill the Boer Kill the Farmer. During court proceedings, I will be able to show the difference between the two songs," he said.
"The song Dubula Ibhunu was sung by Umkhonto weSizwe while Kill the Boer was sung by Peter Mokaba."
EFF spokesman Sinawo Thambo said the courts have demonstrated in their judgments that there is no difference between the two songs.
"This is pure ignorance. The court is going to dismiss this case. He is an idiot," he said.
