Why Julius Malema's call to 'kill' might not be hate speech (but is still unlawful) →

Malema's speech last month, taken on its own, was a call to "kill" racists or white supremacists, who are not a protected group under our constitutional equality law. I do not believe that the term "racists" or "white supremacists" is coded language for white people as a race. Like in Masuku's case, the speech was not "based on prohibited grounds" and cannot constitute hate speech under South African law.

And I am not convinced that the poster saying "Honeymoon is over for white people in South Africa" is enough to show that Malema "clearly intended" to inspire the audience to hate white people as a race.

So incitement to kill is allowed?

No. Malema may not have committed hate speech, but he is not completely off the hook. He may very well have committed three crimes: incitement to commit murder, or incitement to commit public violence, each under the common law, or incitement to commit a "serious offence", under the Riotous Assemblies Act.