Riyaz Patel
The Equality Court has ruled that the “gratuitous display of the apartheid flag constitutes hate speech.”
Displays of the #ApartheidFlag at a protest against farm murders in 2017 gave rise to the application by the Nelson Mandela Foundation (NMF).
Afriforum opposed the application, stating that the display of the flag is covered under freedom of speech in the constitution.
Delivering judgment, Phineas Mojapelo said: “Display of the flag demonstrates a clear intentional to be hurtful and promote and propagate hatred, contravenes s 10(1) of the Equality Act, and constitutes hate speech.“
NMF CEO Sello Hatang said afterwards.“We have reached out to Afriforum to convene a dialogue to work together so that their followers learn that racism kills, racism destroys.”
Mojapelo added that “Afriforum’s interpretation of hate speech is incorrect and does not make sense in terms of the Constitution.”
Mojapelo said those displaying the old flag “intend to insult and awaken feelings of white supremacy against black people.”
Judge Mojapelo underlined that the display of the #ApartheidFlag must be confined to cases of journalistic, academic and artistic expression which serves in the public interest.
