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

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Apartheid flag. (Gallo Images, file)
Apartheid flag. (Gallo Images, file)
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21 Aug 2019

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 2019

No parties seek costs, says judge
No parties seek costs, says judge

21 Aug 2019

The judgment is a carefully guided prohibition, not a ban, says judge

21 Aug 2019

One expects AfriForum to live up to its own words and help build an inclusive SA, says judge
One expects AfriForum to live up to its own words and help
build an inclusive SA, says judge

21 Aug 2019

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

21 Aug 2019

This order is not a banning order against the old flag, says judge

21 Aug 2019

There is no basis for denying the order sought by the applicants, says Judge Mojapelo

21 Aug 2019

Judge tackles the Nelson Mandela Foundation's claim of harassment
Judge tackles the Nelson Mandela Foundation's claim of harassment

21 Aug 2019

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 2019

Not a single black person has felt embraced by the flag, says judge

21 Aug 2019

They are described as total rejecting reconciliation and embrace hatred, says judge
They are described as total rejecting reconciliation and
embrace hatred, says judge

21 Aug 2019

People who display the old flag choose oppression over liberation, says judge

21 Aug 2019

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 2019

The use of a symbol is shortcut from mind to mind. They communicate as words do, says judge
The use of a symbol is shortcut from mind to mind. They
communicate as words do, says judge

21 Aug 2019

Judge Mojapelo says the restriction of hate speech to words only would not achieve the purpose of the Equality Act

21 Aug 2019

Judge says that AfriForum's literal interpretation violates the Constitution in several respects
Judge says that AfriForum's literal interpretation violates
the Constitution in several respects

21 Aug 2019

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

21 Aug 2019

Section 16 (2) of the Constitution excludes certain categories of expression, says judge

21 Aug 2019

Words in the Equality Act, must be interpreted to mean ideas, says judge

21 Aug 2019

Words should not be taken literally, says judge

21 Aug 2019

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

21 Aug 2019

Equality Act is linked to the Bill of Rights in the Constitution, says judge
Equality Act is linked to the Bill of Rights in the
Constitution, says judge

21 Aug 2019

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 2019

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 2019

Law prohibits hate speech, says judge

21 Aug 2019

Judge now turns to the definition of hate speech

21 Aug 2019

The dominant meaning for the old flag is that it is a crime against humanity
The dominant meaning for the old flag is that it is a crime
against humanity

21 Aug 2019

Apartheid which is represented by the old flag must be acknowledged as a crime against humanity

21 Aug 2019

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.

READ MORE HERE

21 Aug 2019

Judge considers the international meaning of the flag

21 Aug 2019

The old flag representative of apartheid which has been declared a crime against humanity, says judge
The old flag representative of apartheid which has been
declared a crime against humanity, says judge

21 Aug 2019

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

21 Aug 2019

Old flag represents racial segregation, separation and oppression, testified the Nelson Mandela Foundation

21 Aug 2019

The flag is still divisive, says judge

21 Aug 2019

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

21 Aug 2019

Apartheid laws restricted urban areas to blacks.  

Blacks were labourers and whites were masters, says judge  

21 Aug 2019

Apartheid flag adopted in June 1927
Apartheid flag adopted in June 1927

21 Aug 2019

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 2019

The old flag must be interpreted against its history and meaning, says judge

21 Aug 2019

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.

READ MORE HERE

21 Aug 2019

Gratuitous displays of the apartheid flag must be evaluated to see whether they qualify as hate speech
Gratuitous displays of the apartheid flag must be evaluated
to see whether they qualify as hate speech

21 Aug 2019

Case turns on the old flag and hate speech, says the judge

21 Aug 2019

South Africa has moved on, says AfriForum

21 Aug 2019

Judge handles AfriForum's response
Judge handles AfriForum's response

21 Aug 2019

Apartheid rule and oppression was no exaggeration, says judge

21 Aug 2019

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.

CLICK HERE FOR THE FULL STORY

21 Aug 2019

Judge goes through examples of how black people were humiliated during apartheid

21 Aug 2019

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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