Why not? Because the Constitutional Court (ConCourt) has said so.
Eyewitness News reports the ConCourt has ordered that nine Numsa workers dismissed for singing struggle songs – calling whites ‘Boers’ – be reinstated.
The workers were fired by manufacturing firm Duncanmec in April 2013 for singing a song which loosely translates to “My mother rejoices when I hurt a boer”.
The company lost the case against the dismissals at the CCMA and then at the Labour Court and now in the apex court. While the court has agreed with the CCMA that the song is hurtful to the employer, it found that using the word “boer” doesn’t constitute racism.
Justice Chris Jafta delivered the judgment a short while ago.
“In the result, the following order is made; one, leave to appeal is granted; two, the appeal is dismissed; three, there’s no order as to costs.”
