‘Gratuitous Display’ Of Apartheid-Era flag Constitutes Hate speech, Declares Equality Court

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.