Constitutional Court has dismissed the Nelson Mandela Foundation’s (NMF’s) application to appeal a ruling by the Equality Court in favour of Afriforum's Ernst Roets and his display of the old South African flag.
We have just received this order by the Constitutional Court, stating that it is NOT in the interest of justice for the Nelson Mandela Foundation’s case to have me imprisoned for a tweet to be heard by them. Press statement to follow... pic.twitter.com/rpxoULiENk— Ernst Roets (@ErnstRoets) November 19, 2019
In an order dated November 13, the court found that it would not be in the interests of justice to have AfriForum’s head of policy and action jailed for a tweet.
The NMF in its application argued that the court “fail[ed] to consider that contempt of court consists in ‘the commission of any act or statement that displays disrespect for the authority of the court’ … or in ‘violating the dignity, repute or authority of the court’.”
In August, Roets had tweeted his picture of the apartheid flag just hours after the same court had declared the gratuitous display of the flag hate speech.
Judge President Phineas Mojapelo said: “The right to freedom of expression is widely protected in our law. However, it does not protect the right to hate speech and does not trump the right to human dignity. That is so because of our history – which is a painful one.”
Constitutional Court dismisses appeal against Ernst Roets about flag tweet https://t.co/LwItfr06rs— Ernst Roets (@ErnstRoets) November 19, 2019