Monday, 01 June, 2020

Court Limits Display Of South Africa's Old Apartheid Flag, Citing Hateful Legacy

A screengrab of Judge Phineas Mojapelo delivering judgment in the Equality Court related to the apartheid flag on 21 August 2019 Court Limits Display Of South Africa's Old Apartheid Flag, Citing Hateful Legacy
Deanna Wagner | 22 August, 2019, 13:02

The court ruling should signal the end of nostalgia for apartheid South Africa, said Beauty Dlulane, Chairperson of Parliament's Portfolio Committee on Sports, Arts and Culture.

I said I would write to them to follow-up on what the judge said.but then not only did they poo-poo the judgment.but about an hour later the deputy CEO of AfriForum posted the apartheid flag on his Twitter page, and that is such an unfortunate thing to happen.

Wednesday's landmark ruling in South Africa's Equality Court in Johannesburg barred the so-called "apartheid flag" - comprised of three stripes of orange, white and blue with the emblems of Britain, the Orange Free State and the South African Republic at its centre - from being displayed except for academic, artistic or journalistic purposes.

He said those who publicly display the flag should not be arrested, but should face deterrents such as fines or terms of community service. "Gratuitous displays of the old flag express a desire for black people to be relegated to labour reserves, a pining for the killing, the torture, the abductions, a melancholia for the discrimination, the death squads, the curfews and the horrific atrocities committed under the flag".

South Africa's Parliament on Wednesday welcomed a court ruling against the display and use of the apartheid flag.

The ruling does not ban the display of the apartheid flag but will control its usage in protection of those, in the main the black majority, who find it harmful.

He added that the display of the image was "hurtful and harmful" and that those who display it are siding with "oppression over liberation".

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The Mandela Foundation's motion cites a demonstration in October 2017 in which some protesters displayed the Old Flag, including members of a group called AfriForum, a nonprofit that represents the interests of descendants of white European colonizers in South Africa.

The lobby group had used freedom of speech as the basis of its argument.

The African National Congress acting spokesperson Dakota Legoete said the judgment is a victory for all who want unity in the country.

The apartheid-era South African national flag is flown by a supporter of the Afrikaner Resistance Movement (AWB) in Ventersdorp, in the North West Province April 6, 2010.

However, Advocate Tembeka Ngcukaitobi, for the Nelson Mandela Foundation, countered that freedom of expression was not a founding value of the constitution. This will now be classed as hate speech, and incur serious legal penalties will be incurred by offenders.

South Africa now uses a new flag which came into effect after independence in 1994.

"Simply displaying it, in our view, is not sufficient for it to be hate speech", AfriForum Head of Policy and Action Ernst Roets said after the court released its decision.