Posts tagged with 'old South African flag'

 

Say your say about the ruling of the display of old SA flag – hate speech or not?

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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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Old South African flag declared hate speech by Equality Court and it will now be illegal to display since it violate black people’s human dignity

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The Equality Court on Wednesday ruled that the display of the old SA flag boils down to hate speech and causes division among the people because of the painful past it symbolizes. Deputy Judge President Phineas Mojapelo says it is harassment to swing the old country flag and is not protected under freedom of expression. From now on, it will be illegal to display the flag at sporting events. The flag will only be allowed in an academic context, for example in museums.

The Nelson Mandela Foundation (NMS) initially brought the application in the Equality Court against AfriForum after the NMS argued that members of the civil rights organization displayed the old flag during Black Monday protests against farm murders in 2017. AfriForum opposed the application and also denied the allegations that its members displayed the flag.

Adv. During the hearing in April, Tembeka Ngcukaitobi, on behalf of the NMS, said: “AfriForum failed in its efforts to explain why
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Old SA flag is not a symbol of a crime against humanity and to ban it will infringe South Africans’ right to freedom of expression

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The Nelson Mandela Foundation announced on Monday that its case regarding the old South African flag for hate speech, unfair discrimination and harassment would be heard in the Equity Court in April.

The case will be heard during the 29th and 30th of April. This comes after the foundation approached the court last March with the request to declare the use and exhibition of the old South African flag for hate speech, unfair discrimination and harassment based on race.

In addition, it said during a statement that it was time to admit that the old South African flag is a symbol of a crime against humanity and that the exhibition is humiliating black South Africans and promoting crime.

The statement supports the following: “It is important that the Equality and Prevention of Unfair Discrimination Promotion Act be used as a tool to discourage such behavior.”

According to the Nelson Mandela Foundation, the civil rights organization, AfriForu
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