Johannesburg High Court orders Kenny Kunene to apologise to Julius Malela for hate speech

What the court decided

The Johannesburg High Court confirmed that Kenny Kunene, a well‑known businessman and Patriotic Alliance member, crossed the line when he labeled Julius Malema a "cockroach" during a 2021 television interview. The bench said the word carries the same hateful weight it had in the Rwandan genocide, making it hate speech even if it isn’t aimed at a specific ethnic group.

The judges explained that the term is "always and everywhere" a symbol of genocide‑level hatred. Because of that, they upheld the Equality Court’s earlier finding that Kunene’s use of the slur was illegal. However, the High Court did not agree with the Equality Court that calling Malema a "little frog" or calling the Economic Freedom Fighters a "party of criminals" also met the legal threshold for hate speech.

Instead of sending Kunene to criminal court, the judges ordered him to issue a public apology within a month and to pay the costs incurred by Malema’s legal team. The order is specific: the apology must appear in the same media outlet that aired the original comments, ensuring the same audience sees the retraction.

Why the ruling matters for political discourse

South Africans have long debated the balance between free expression and protection from hateful language. This case puts the spotlight on where that line is drawn in the political arena. Some commentators argue that treating a political insult as hate speech could chill robust debate, while others see it as a necessary safeguard against language that can inflame violence.

The decision also shows how South Africa’s courts are applying international genocide references to local speech. By linking the word "cockroach" to the Rwandan tragedy, the bench signaled that certain slurs have a universal, not just contextual, danger.

Legal experts note that the court’s refusal to pursue criminal prosecution was a pragmatic move. They say the civil remedy—public apology and cost payment—sends a clear message without overburdening the criminal justice system.

Political parties are already reacting. The Patriotic Alliance has described the judgment as “over‑reach,” while the Economic Freedom Fighters hailed the ruling as a victory for dignified politics. Civil society groups, especially those focused on human rights, welcomed the verdict, saying it reinforces South Africa’s post‑apartheid commitment to equality.

In practice, the order will force Kunene to confront the same audience that heard his original remarks, offering a direct correction. Whether that will change public perception of Malema or the EFF remains to be seen, but the case sets a precedent that could shape future political rhetoric.