Apartheid flag: Nelson Mandela Foundation appeal Roets flag ruling

2019-09-17 19:19
Afriforum's Ernst Roets outside the Gauteng High Court in Johannesburg after judgment was handed down in the contempt of court case brought against him by the Nelson Mandela Foundation. (Sthembiso Lebuso, City Press)

Afriforum's Ernst Roets outside the Gauteng High Court in Johannesburg after judgment was handed down in the contempt of court case brought against him by the Nelson Mandela Foundation. (Sthembiso Lebuso, City Press)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

The Nelson Mandela Foundation (NMF) has filed an application to appeal the ruling by the Equality Court in favour of AfriForum's Ernst Roets and his display of the old South African flag.

The leave to appeal includes an application for direct access to the Constitutional Court, NMF spokesperson Luzuko Koti said in a statement on Tuesday.

"Gratuitous displays of the old flag express a desire for black people to be relegated to labour reserves, a pining for the killing, the torture, the abductions, a melancholia for the discrimination, the death squads, the curfews and the horrific atrocities committed under the flag."

He added: "The right to freedom of expression is widely protected in our law. However, it does not protect the right to hate speech and does not trump the right to human dignity. That is so because of our history - which is a painful one."

Earlier, the Equality Court, sitting in the Gauteng High Court in Johannesburg, ruled that while Roets might in due course be held to have breached the provisions of the Equality Court Act, he was not in contempt of court, News24 reported.

READ MORE: Apartheid flag: AfriForum's Ernst Roets not in contempt of court, judge rules

While handing down judgment, Judge Colin Lamont said: "This, in my view, is precisely why the order does not contain a directive prohibiting the display of the flag. There is no order ad factum praestandum."

However, the NMF, in its application, argued that the court "fail[ed] to consider that contempt of court consists in 'the commission of any act or statement that displays disrespect for the authority of the court' … or in 'violating the dignity, repute or authority of the court'."

It further argued the court did not consider that contempt of court could apply to someone who "has been setting the court at defiance, and deliberately treating the order of the court as unworthy of notice".

"The court failed to interpret and apply common law in line with the Constitution especially section 1(c) and section 165 to afford an appropriate degree of protection to the 'dignity, accessibility and effectiveness of the courts'."

Lastly, the NMF said it had presented prima facie proof that Roets was in contempt of court.

"The court should have found that the applicant had presented prima facie proof that the respondents had committed contempt of court, sufficient to find that they had a case to answer, and should consequently have issued a rule nisi to enable that case to be answered appropriately."

Last month, Roets tweeted a picture of the apartheid flag hours after the same court had declared the gratuitous display of the flag was hate speech.

His tweet caused outrage on the social media platform, and prompted the NMF to take him to court for contempt of court, News24 reported.

NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.