Afriforum abandon its court challenge on apartheid-era flag hate speech.

Staff Reporter.

Lobby group AfriForum says it will not challenge the Supreme Court of Appeal dismissal of its application to overturn the ban on the display of the old South African flag.

AfriForum turned to the SCA following an earlier decision of the Equality Court declaring the gratuitous display of the apartheid-era flag as hate speech.

In 2019, the Nelson Mandela Foundation and the South African Human Rights Commission approached the court after the flag was displayed by demonstrators at a march against farm murders.

The court unanimously found the gratuitous public display of the old flag to constitute hate speech, unfair race discrimination and harassment in terms of the Equality Act.

Following the ruling on Friday last week, the lobby group’s Ernst van Zyl said it was mulling further legal steps.

In the past, AfriForum has argued that the display of the old apartheid flag was an attack to freedom of speech, which it was practising with the display of this flag. The movement subsequently launched the appeal before the SCA, arguing freedom of speech.

The lobby group issued a statement on Tuesday, confirming that it will not further appeal against the hate speech case.

“AfriForum remains opposed to banning orders regarding symbols. After a thorough discussion, AfriForum decided not to spend any further legal resources on the old flag case by taking it to the Constitutional Court.

“AfriForum will continue to monitor the situation to prevent the flag case from opening the doors to increasing banning orders on other fronts,” said Van Zyl.

Compiled by Lehlohonolo Lehana.

Scroll to Top