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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.
#ApartheidFlag Mojapelo: The @SAHRCommission also testified that the flag "has been adopted & used by white supremacists around the world as a symbol of hatred, oppression & racial superiority". @TeamNews24— Sheldon Marco Morais (@SheldonMorais) August 21, 2019
#ApartheidFlag Mojapelo: The @SAHRCommission also testified that the flag "has been adopted & used by white supremacists around the world as a symbol of hatred, oppression & racial superiority". @TeamNews24
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;
be harmful or to incite harm;
(c) promote or propagate
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.
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.
Apartheid laws restricted urban areas to blacks.
Blacks were labourers and whites were masters, says judge
British flag preceded the apartheid flag as the South
The first call for a local flag was made in 1919, says judge
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.
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.
#ApartheidFlag Mojapelo DJP delivering judgment. Very important hate speech case.— Dario Milo (@Dariomilo) August 21, 2019
#ApartheidFlag Mojapelo DJP delivering judgment. Very important hate speech case.
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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