THE IRONY OF JUSTICE AND HISTORY

THE IRONY OF JUSTICE AND HISTORY: FROM APARTHEID TO RACIAL LEGISLATION AND FARM MURDERS

Hennie Heymans

Summary

This article explores the historical irony in post-apartheid South Africa. While apartheid was declared a crime against humanity by the United Nations in 1966 for its systematic racial oppression (4), modern South Africa now has 142 laws where race is a determining factor in access to opportunities, resources, and rights (6).

The controversial chant “Kill the Boer, Kill the Farmer”, originally a liberation song, is now sung at political rallies and was declared not hate speech by the Constitutional Court in 2025, despite widespread criticism and concern over its inflammatory nature (3). International figures like Pres Donald Trump and Elon Musk have condemned the chant, citing it as incitement to violence against white South Africans (1).

Farm attacks are frequent and very brutal: 49 farm murders occurred in 2023, averaging nearly one per week (12). The murder rate for farmers is four times higher than for police officers, according to research by the Institute for Security Studies (11).

Despite this, the South African government has no dedicated unit for farm security, and often downplays these crimes as “ordinary offences” (12). Civil groups like AfriForum and TLU SA have created their own protection networks in response.

The article ends with a piercing question: Why was one form of racial oppression declared a crime against humanity, while the violence and racial discrimination against today’s white minority—especially farmers—are ignored?

The Irony of Justice: From Apartheid to Racial Legislation and Farm Murders in South Africa

Introduction

Apartheid is remembered as one of the most infamous systems of racial segregation in modern history. Declared a crime against humanity by the United Nations in 1966 (4), its legacy remains central to global human-rights discourse. Yet, in post-apartheid South Africa, the continued existence of racially defined legislation, the legal protection of inflammatory chants such as “Kill the Boer,” and the persistent scourge of farm murders present a stark irony. This article examines the contrast between the global condemnation of apartheid and the apparent silence surrounding new patterns of discrimination and violence against the country’s white minority, particularly farmers.

1. Apartheid as a Crime Against Humanity

The apartheid system, enforced by the South African government from 1948 until the early 1990s, involved the segregation of communities, restrictions on movement, and denial of basic rights based on race. In 1976, the United Nations General Assembly formally declared apartheid “a crime against humanity” (4). The International Criminal Court subsequently incorporated this definition into international law, making individuals complicit in such systems subject to prosecution (5). The global moral consensus was clear: systematic racial oppression is unacceptable.

2. Racial Legislation in a “Post-Racist” Democracy

Despite the transition to democracy in 1994, South Africa has since enacted a wide array of laws where race remains a determining factor. Research by Martin van Staden identifies 142 pieces of legislation in which racial classification directly affects outcome—ranging from the Broad-Based Black Economic Empowerment Act to the Expropriation Bill permitting land seizure without compensation (6). While these laws aim to redress historical injustices, critics argue their implementation inadvertently institutionalises discrimination against minority citizens, often excluding white South Africans from economic opportunities, government contracts, and public resources ([6]). (In the greater Pretoria area, an estimated 450 000 White South Africans—predominantly Afrikaans-speaking Afrikaners—live in poverty in informal squatter settlements, with around 80 such camps clustered on the city’s outskirts).

3. “Kill the Boer” – Political Rhetoric or Incitement?

One of the most contentious symbols of post-apartheid political culture is the chant “Kill the Boer, Kill the Farmer”, which originates from the liberation song Dubul’ ibhunu. Once used to mobilise oppressed communities, the chant has resurfaced at Economic Freedom Fighters (EFF) rallies led by Julius Malema (3).

In a 2025 judgment, the South African Constitutional Court ruled that the chant does not constitute hate speech, citing its historical context and role as a “struggle song” ([3]). Internationally, however, figures like Elon Musk have condemned it as “a call to violence” (1), and U.S. President Donald Trump decried farm killings as “racial genocide.”

In several documented farm attack cases, perpetrators allegedly quoted the chant during the assault, implying that it serves not merely as rhetoric but as motivation for real-world violence (12).

4. Farm Murders: The Unspoken Crisis

South African farmers—particularly white farmers—face increasingly violent assaults. AfriForum’s 2023 report recorded 49 farm murders, averaging nearly one per week, many involving torture, execution-style killing, and sexual violence (12). According to the Institute for Security Studies, the murder rate for farmers is four times higher than that for police officers (11).

Despite this crisis:

• There is no dedicated government (police) task force for farm security. (There are no longer any Commando’s.)
• The Minister of Police, Bheki Cele, has dismissed farm murders as “ordinary crime” ([3]).
• Communities have organised self-defence structures, including emergency radio networks and volunteer patrols ([12]).

This official indifference fosters the perception that the government fails to protect a vulnerable minority, even as it foregrounds human rights globally.

5. Justice in Contrast: Global Silence and Moral Selectivity

The international community’s swift condemnation of apartheid contrasts starkly with its muted response to modern patterns of reverse discrimination and politically charged violence. White South Africans—especially farmers—are excluded from economic participation by race-based laws, targeted in brutal crimes, and vilified through protected political speech, often without accountability for perpetrators.

The article concludes by asking: If apartheid’s racial oppression was a crime against humanity, why is today’s racially motivated violence and discrimination against a minority ignored? At what point does silence become complicity?

Conclusion

South Africa’s post-apartheid promise of a rainbow nation has given way to a reality in which racial identity remains a dangerous determinant—shaping policy and survival alike. The global community must confront its selective moral outrage and demand consistent justice for all.

References
[1] IOL, “‘Kill the Boer, Kill the Farmer’ chant fuelled by lingering racial inequities,” 2023.
[2] Maroela Media, “Skok oor hof se beslissing oor ‘Kill the Boer’,” 2025.
[3] Wikipedia, “Dubul’ ibhunu,” accessed 2024.
[4] United Nations General Assembly, Resolution condemning apartheid as crime against humanity, 1976.
[5] United Nations, “Crimes Against Humanity,” www.un.org, accessed 2024.
[6] Afriforum, “142 Persent Race-Based Laws in RSA,” 2023.
[7] Maroela Media, “One Farm Murder Every Week: AfriForum,” 2024.
[8] Wikipedia, “Plaasmoorde in Suid-Afrika,” accessed 2024.