South Africa
Gratuitous display of apartheid flag is hate speech, judge rules─── 12:17 Wed, 21 Aug 2019
Judge Mojapelo has ruled that the gratuitous display of the apartheid flag demonstrates a clear intention to be hurtful, harmful and incites harm, promotes and incites hatred against black people in terms of the Equality Act.
The equality court delivered judgment in the 'Apartheid flag' case on Tuesday.
The Nelson Mandela Foundation made an application to the court against the display of the old flag.
It said the display constitutes hate speech, unfair discrimination and harassment based on race.
The foundation said it was not calling for the flag to be banned, but that it must only be displayed in public settings that are meant to inform and educate.
Lobby group AfriForum was challenging the move saying this will violate freedom of speech.
According to Nelson Mandela Foundation lawyer Tembeka Ngcukaitobi, displays of the flag are indications of racial superiority.
“The display of the flag from the perspective of the victims, it's quite clear that its meaning is one of racial superiority and worse than that, racial domination,” said AfriForum's Ernst Roets.
“While it is controversial and we as AfriForum do not display the flag, and actively discourage people from displaying the flag, we do believe that it is too much of a stretch to argue that it amounts to hate speech to display the flag,” he said.
