ConCourt dismisses Mandela foundation's leave to appeal apartheid flag tweet ruling

2019-11-19 16:48
Ernst Roets.

Ernst Roets. (Photo: Felix Dlangamandla)

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The Constitutional Court has dismissed the Nelson Mandela Foundation's application for leave to appeal against a High Court decision that refused to hold AfriForum's deputy CEO, Ernst Roets, in contempt of court. 

"The Constitutional Court has considered this application for leave to appeal. It has concluded that the application should be dismissed as it is not in the interests of justice to hear it at this stage. The court has decided not to award costs," the apex court said. 

"The application for leave to appeal is dismissed."

The case stems from a picture of the apartheid flag that Roets tweeted just hours after the same court declared that the gratuitous display of the flag was hate speech. 

In September, an urgent application for Roets to be found in contempt of court was dismissed in the Equality Court sitting in the Gauteng High Court in Johannesburg. 

Judge Colin Lamont said, while he was of the view that 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 previously reported.  

"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 praesdandum," he added.

In the hate speech judgment, Deputy Judge President Phineas Mojapelo declared that the "gratuitous display" of the flag constituted hate speech in terms of Section 10(1) of the Equality Act, unfair discrimination in terms of section 7 of the act, and harassment in terms of section 11 of the act.

Roets then tweeted: "Did I just commit hate speech?"

The foundation argued Roets had insulted the dignity of the courts.

Compiled by Jeanette Chabalala 


Read more on:    nelson mandela foundation  |  ernst roets  |  courts

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