Much divergent response was received after the Equity Court on Wednesday ruled on the display of the old South African flag, saying it amounts to hate speech in some contexts.
We previously reported that Deputy Judge President Phineas Mojapela found that the unfounded display of the old flag is not protected under freedom of expression. Mojapelo says waving the flag is divisive, painful and goes beyond hate speech: it’s harassment.
This means that the unfounded display of the flag, for example at a sporting event, is prohibited. Its display is still allowed in, for example, museums and academic contexts.
The Nelson Mandela Foundation (NMS) filed the application with the Equity Court and the Human Rights Commission (HRC) was the second applicant in the case.
The foundation said after the ruling that all South Africans had reason to celebrate the decision. “Our country needs to heal the wounds of the past. To do this, we must acknowledge what
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