AS IT HAPPENED | Gratuitous display of apartheid flag is hate speech, judge rules

2019-08-21 10:03

Judge Mojapelo has ruled that 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.

Apartheid flag.

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Last Updated at 03:47
21 Aug 12:01
The display of the apartheid at Black Monday protests constituted hate speech, harassment and unfair discrimination in terms of the Equality Act, rules Judge Mojapelo.

21 Aug 11:59
No parties seek costs, says judge

21 Aug 11:57
The judgment is a carefully guided prohibition, not a ban, says judge

21 Aug 11:56
One expects AfriForum to live up to its own words and help build an inclusive SA, says judge

21 Aug 11:54
The display of the apartheid flag during the Black Monday protests was a serious violation of fundamental human rights, says judge

21 Aug 11:52
This order is not a banning order against the old flag, says judge

21 Aug 11:46
There is no basis for denying the order sought by the applicants, says Judge Mojapelo

21 Aug 11:44
Judge tackles the Nelson Mandela Foundation's claim of harassment

21 Aug 11:42
Any gratuitous display of the old 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, says judge

21 Aug 11:40
Not a single black person has felt embraced by the flag, says judge

21 Aug 11:39
They are described as total rejecting reconciliation and embrace hatred, says judge

21 Aug 11:38
People who display the old flag choose oppression over liberation, says judge

21 Aug 11:37
The display of the old flag gratuitously demeans and dehumanises on the basis of their race. It impairs their dignity, says Judge Mojapelo

21 Aug 11:34
The use of a symbol is shortcut from mind to mind. They communicate as words do, says judge

21 Aug 11:23
Judge Mojapelo says the restriction of hate speech to words only would not achieve the purpose of the Equality Act

21 Aug 11:20
Judge says that AfriForum's literal interpretation violates the Constitution in several respects

21 Aug 11:17
The Constitution prohibits "advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm".

21 Aug 11:16
Section 16 (2) of the Constitution excludes certain categories of expression, says judge

21 Aug 11:11
Words in the Equality Act, must be interpreted to mean ideas, says judge

21 Aug 11:08
Words should not be taken literally, says judge

21 Aug 11:07
Judge says the purpose of the Equality Act regarded speech as all forms of expression and ideas, not limited to verbal representation

21 Aug 11:01

21 Aug 10:59
Equality Act is linked to the Bill of Rights in the Constitution, says judge

21 Aug 10:58

Section 10 of the Equality Act:  

Prohibition of hate speech     

(1) Subject to the proviso in section 12, no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to-  

(a)     be hurtful;  

(b)     be harmful or to incite harm;  

(c)     promote or propagate hatred.

21 Aug 10:56

Equality Act:  

To give effect to section 9 read with item 23 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.

21 Aug 10:53
Law prohibits hate speech, says judge

21 Aug 10:51
Judge now turns to the definition of hate speech

21 Aug 10:50
The dominant meaning for the old flag is that it is a crime against humanity

21 Aug 10:50
Apartheid which is represented by the old flag must be acknowledged as a crime against humanity

21 Aug 10:47

Racists display old SA flag because they yearn for apartheid SA, court hears

Racists display the apartheid flag because they yearn for apartheid South Africa which they used to celebrate, the SA Human Rights Commission's (SAHRC) Wim Trengove, SC, told the Equality Court.

21 Aug 10:45
Judge considers the international meaning of the flag

21 Aug 10:42
The old flag representative of apartheid which has been declared a crime against humanity, says judge

21 Aug 10:40
AfriForum testified that during apartheid the flag was a symbol of the regime's power in an oppressive and racist system

21 Aug 10:38
Old flag represents racial segregation, separation and oppression, testified the Nelson Mandela Foundation

21 Aug 10:35
The flag is still divisive, says judge

21 Aug 10:34
The Flag Act was part of a scheme of statutes designed to enact white supremacy and black disenfranchisement, says judge

21 Aug 10:33

Apartheid laws restricted urban areas to blacks.  

Blacks were labourers and whites were masters, says judge  

21 Aug 10:30
Apartheid flag adopted in June 1927

21 Aug 10:28

British flag preceded the apartheid flag as the South African flag.  

The first call for a local flag was made in 1919, says judge

21 Aug 10:26
The old flag must be interpreted against its history and meaning, says judge

21 Aug 10:24

The old SA flag legal, but fly it at your own risk - expert

It is perfectly legal to own or display the old South African flag, but be mindful that it could also be considered insensitive and offensive to show it off, a flag expert says.

21 Aug 10:24
Gratuitous displays of the apartheid flag must be evaluated to see whether they qualify as hate speech

21 Aug 10:22
Case turns on the old flag and hate speech, says the judge

21 Aug 10:21
South Africa has moved on, says AfriForum

21 Aug 10:20
Judge handles AfriForum's response

21 Aug 10:20
Apartheid rule and oppression was no exaggeration, says judge

21 Aug 10:18

We have 'no particular love' for the old apartheid flag - AfriForum

A wide-reaching ban of the old apartheid flag would be an unconstitutional infringement on the right to freedom of expression, lobby group AfriForum has said in court papers.

21 Aug 10:18

21 Aug 10:17
Judge goes through examples of how black people were humiliated during apartheid

21 Aug 10:15

Flying the 'apartheid flag' is not about freedom of expression

Afrikaans culture is wonderful and rich and deserves so much more than to be represented by an anachronistic icon of a hateful past, writes Howard Feldman.

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