Equality Court Upholds Ruling Against Kenny Kunene Over ‘Cockroach’ Slur Directed at Julius Malema

 Court Affirms Hate Speech Violation Under PEPUDA

Julius Malema (left) and Kenny Kunene (right) addressing the media; the Equality Court recently ruled against Kunene over hate speech related to remarks made about Malema.

In a significant judgment reaffirming South Africa’s commitment to combating hate speech, the Equality Court has ruled against Kenny Kunene, suspended deputy president of the Patriotic Alliance, for using derogatory language to describe Economic Freedom Fighters (EFF) leader Julius Malema. The court found Kunene’s reference to Malema as a “cockroach” constitutes hate speech and violates the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).

The case dates back to 2021 when Kunene referred to Malema as a “cockroach,” alongside other insults such as “little frog” and “criminal,” during a televised interview on eNCA. These remarks led to legal action by the EFF, who argued that such language was demeaning, inflammatory, and perpetuated discrimination.

In 2022, the Johannesburg High Court found Kunene guilty of hate speech, ordering him to issue a public apology and retract his statements. Kunene challenged this ruling, claiming his comments fell under political speech and did not amount to hate speech. However, in July 2025, the Equality Court on appeal upheld the earlier decision, reinforcing that such expressions cross the line into hate speech under South African law.

[BREAKING NEWS]

KENNY KUNENE LOSES CASE AGAINST CIC JULIUS MALEMA‼️‼️‼️

Kenny Kunene, Deputy President of the Patriotic Alliance and recently suspended Johannesburg MMC amid serious allegations including drug trafficking, has suffered a legal blow in his case against… pic.twitter.com/IVw0v5PKik

— 🇿🇦 Apostle Dr D Mekgwe🇹🇼 (@ApostleDeza) August 5, 2025

The court interdicted Kunene from using the term “cockroach” to describe Malema in any future communication and mandated a public apology to the EFF leader. This ruling underscores the legal boundaries in South Africa concerning freedom of expression, emphasizing that hate speech especially language that dehumanizes or vilifies individuals will not be tolerated.

This case is particularly noteworthy given South Africa’s history and ongoing efforts to foster equality and prevent discrimination. The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) serves as a crucial tool in addressing hate speech and protecting the dignity of all citizens, especially within the highly charged political landscape.

As the political discourse continues, this ruling serves as a reminder that respect and accountability remain fundamental to maintaining a healthy democratic environment.