"We saw this video that was circulated very widely, we listened to it and analysed it. We think that some of the statements in there do constitute incitement of violence and amount to hate speech.”

In a statement released on Wednesday afternoon, the commission quotes Malema as having commented on the incident at the Brackenfell High School last year, and footage of a white person assaulting an EFF member by saying:

"Why did Mandela take up a gun, he was the first soldier of uMkhonto we Sizwe to distribute roses? He took up a gun because the revolution had reached up a point where there is no longer an alternative but to kill.

"Anything that stands in the way of the revolution must be eliminated.

"Revolutionaries when confronted by that situation will not think twice.

"Why did Mandela take up a gun, he was the first soldier of uMkhonto we Sizwe to distribute roses? He took up a gun because the revolution had reached up a point where there is no longer an alternative but to kill.

"Anything that stands in the way of the revolution must be eliminated.

"Revolutionaries when confronted by that situation will not think twice.

"The EFF must be known that it is not a playground for racists, that any racists that plays next to the EFF and threatens and beat up the membership and the leadership of the EFF, that is the application to meet your maker with immediate effect."

Majola said they have written to the party and asked them to consider retracting the statements but are yet to receive a direct reply.

Meanwhile, the EFF has instead responded to the SAHRC through a media statement, saying it had noted the commission’s findings, adding that SAHRC had fallen into the “trap” of commentary which has been taken out of context. The red berets justified their statements on the writings of political philosopher Frantz Fanon.

"It is unfortunate that an institution such as the Human Rights Commission, which exists in a society with such a deep and racially divided history, approaches political commentary without an appreciation of literature and historical facts,” the statement read.

The SAHRC said while the EFF has not responded directly to them, the commission is still open to engaging the party before the 10-day deadline.

Should the EFF not accede to the commission’s condition, Majola warned the matter may head to the Equality Court.

Source: Jacaranda FM