The SABC broadcast a video clip of a song, “Get Out”, by a singer and his group known as Zubz. A 
complaint was lodged with the Registrar claiming that the Broadcasting Code had been contravened in that the song amounted to a contravention of clause 16.3 of the Broadcasting Code.
The Tribunal left the question open as to whether the song amounted to hate speech. It limited its inquiry to the question whether it amounted to “incitement to imminent violence”, which is prohibited by the Constitution of the RSA and the Broadcasting Code.
The Tribunal stated that artists are usually afforded special leeway with regard to freedom of expression. This would apply to hip hop (also known as rap) songs, an artistic genre that frequently reflects “ghetto” anger and tensions, and where the language and images are often harsh and shocking. Hip hop lyrics are perceived by some as promoting violence, as well as promiscuity and drug use, and also of being misogynistic. Certain forms of hip hop music are also highly politicized and militant. The song, “Get Out” by the rap/hip hop singer Zubz, clearly falls into the latter category, as is clear from lyrics such as “Tell the oppressor get out/And tell my people fight … I’m gonna get this panga to your neck/Take what is mine today and I’ll rob you tomorrow … grab the gun … Power to the people, It’s time we take it back.”
Held that had this song been part of a larger dramatic work, the dramatic or documentary merit of the whole might have put the militant song into a different perspective. On its own, the overwhelming effect of the song is not purely aesthetic. Its dominant effect is that of militancy and violent threats.
Held that even if the song had no artistic value, it could still be permissible in terms of freedom of speech to broadcast it on the airwaves, provided it did not incite to imminent violence.
Held that although the song contains a few words which could be regarded as not inciting imminent violence, the general effect is one of an urgent call to action: The lyrics urge not only to “get out or we will kill”, but also “tell my people fight”, with machine gun sounds in the background (the latter are heard on three occasions, altogether). Likewise, “I’ll blind you with heat quick” and “I’m gonna get this panga to your neck” and “tell my people fight” and “the future’s in our hands right now in our grasp” and “ now it’s time to turn the tables” and “it’s time we take it back” and “tell the oppressor get out Held that although the Tribunal has noted that the song is currently only broadcast after 01:00, the test is an objective one: is the threat that of imminent violence? The reaction of the viewer or the time of the broadcast is irrelevant in law. The Tribunal is convinced that the song as broadcast incites to imminent violence. The song threatens imminent violence and is, accordingly, prohibited by the Broadcasting Code for broadcasting. Order In 2007 a complaint was received regarding the same song, and the Registrar referred the matter to adjudication. The adjudicator was only asked to address whether the song amounted to hate speech. The matter of incitement to imminent violence was not part of the brief. The adjudicator advised that the song should not be broadcast when many young children are part of the audience. In that sense, the SABC was bona fide when broadcasting the song only after midnight. No sanction is, accordingly, imposed. It should be noted that the commercial distribution of the DVD, or other recordings of the song, are not limited by this order. That is a matter for the Films and Publications Board to decide upon after a complaint is lodged. The order of the BCCSA only relates to the airwaves. The complaint was upheld. No sanction was imposed as a result of the bona fides of the SABC in regard to the broadcast.