Ban SA's apartheid flag? Court case starts today

2019-04-29 07:23
The flag of apartheid SA. (Media24, Gallo, file)

The flag of apartheid SA. (Media24, Gallo, file)

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The Nelson Mandela Foundation and AfriForum will head to the Equality Court on Monday and Tuesday to argue for and against whether the display of the old South African flag constitutes hate speech.

In February last year, the foundation announced that it had made an application to the Equality Court for an order declaring that gratuitous displays of the old apartheid flag constitute hate speech, unfair discrimination and harassment based on race, it said in a statement on Monday. 

"For the foundation, it is time to acknowledge that the old flag is a symbol of what was a crime against humanity and that its gratuitous public display celebrates that crime and humiliates everyone who fought against it, especially black South Africans," said spokesperson Luzuko Koti.  

"It is important that the Promotion of Equality and Prevention of Unfair Discrimination Act ('Equality Act') be used as an instrument to discourage such behaviour."

Afriforum opposing application 

AfriForum is opposing the foundation's application. It argues that the Equality Act's provisions on hate speech don't cover displays and communications involving symbols and images, but only words.

News24 earlier reported that AfriForum had said in its court papers that a wide-reaching ban of the old apartheid flag would be an unconstitutional infringement on the right to freedom of expression.

'Right to dignity must be protected'

Read more on:    afriforum  |  nelson mandela foundation
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