By Lehlohonolo Lehana.
EFF supporters burn the old South African flag near the Paul Kruger statue at Church Square on April 11 2015 in Pretoria. Photo Credit: Gallo Images.
Judgment has been reserved in AfriForum’s appeal against the ban on the gratuitous display of the old South African flag.
In 2019 the South Gauteng High Court in Johannesburg ruled that displaying the old South African flag, whether in public or in private, is hate speech and therefore the flag should be banned.
AfriForum then resolved to take the matter on appeal. The appeal was heard at the Supreme Court of Appeal in Bloemfontein today.
In court, AfriForum’s lawyer, advocate Mark Oppenheimer, referred to the Black Monday protests against farm murders. He stated that although the flag was brandished at that protest, it must be noted that it was a rare occurrence.
After the proceedings, the Nelson Mandela Foundation stated that it did not understand why AfriForum persisted in trying to overturn the ruling.
The Mojapelo ruling in the old flag case was specifically endorsed by a unanimous Constitutional Court which said that the manifestation of hatred can take forms other than mere words, so in other words it covers symbolism like the apartheid flag, and one can argue like the swastika flag of Nazi Germany.”
Ernst Roets, head of Policy and Action at AfriForum, pointed out that AfriForum does not promulgate the displaying of the flag.
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