This happened mere hours after the same court declared that the gratuitous display of the flag amounts to hate speech.

Speaking on Tuesday after judgment, ANC's spokesperson Dakota Legoete said it was confusing that the court said it could not handle this particular matter and it should be heard in another court.

"The best the court would have done its it's either to do a proper decision rather than throwing out the case based on the fact that its a wrong court. On the preliminary submission, I think the court misses the point because there's a lethargy from the side of the court particularly in dealing with matters of racism, racial bigotry and inequality," he said.

Legoete said the party intended to study the outcome of the court and would decide on a course of action.

The Nelson Mandela Foundation filed charges against Roets in person, as well as against AfriForum.

Roets dismissed suggestions that he disrespected the judgment, insisting that the court said that the flag could be used for artistic, journalistic and academic purposes.

Roets said he was asking an academic question with his tweet.

On Tuesday, Judge Colin Lamont said, while he was of the view that Roets may in due course be held to have breached the provisions of the Equality Court Act, he was not in contempt of court. 

He said Roet's actions don't constitute contempt of court, because for contempt, there must be a court order instructing someone to do something. 

Lamont said Judge Phineas Mojapelo made a declaratory order.

Mojapelo said the flag could be used for artistic, academic and journalistic expression in the public interest.

ANA