AfriForum, the ANC and Julius Malema have reached a settlement over the “Shoot the Boer” song, according to reports.

In September last year, the High Court in Johannesburg, sitting at the Equality Court, convicted Malema of hate speech after lobby group AfriForum took him to court for singing the song.

At the time the ANC became an intervening party and defended the song, based on its use in the struggle against the apartheid.

Both Malema and the ANC said that when sung it was not meant literally, although AfriForum differed.

Judge Colin Lamont held the words undermined people’s dignity and were discriminatory and harmful.

Malema lost an application in November for leave to appeal directly to the Constitutional Court against the ruling. He filed a notice of appeal with the SCA in December. Lamont granted him leave to appeal.

The Supreme Court of Appeal was due to hear the appeal on Thursday.

On Wednesday AfriForum’s spokesperson Willie Spies reportedly told the Mail & Guardian that a deal was struck at 8.30pm on Tuesday night after a day-long mediation on Friday.

“The settlement that has been reached provides for three things. Firstly, the ANC acknowledged that certain struggle songs contain lyrics that originate from a specific era in history which today can be hurtful to minority communities. Secondly, the ANC and Malema undertook to encourage and counsel their supporters and members to refrain from singing songs that could contain hurtful phrases. Thirdly, the parties committed to continued informal debate about cultural heritage and freedom,” Spies was quoted as saying.

“As a result, the ANC abandoned its appeal and AfriForum and the Transvaal Agricultural Union abandoned the order granted by [the Supreme Court of Appeal] with all the parties consenting to the substitution of the … order with this agreement,” he added.

Details of the settlement were due to be announced at a joint press conference on Wednesday.

According to reports, the ANC will likely withdraw the appeal in the SCA on Thursday. – IOL