The gratuitous use of the old South African flag has been declared hate speech. Judge Phineas Mojapelo handed down the landmark ruling today at the Equality Court.
Judge Phineas Mojapelo has found that gratuitous use of the old apartheid flag constitutes hate speech.
The ruling was passed down today when the Equality Court considered the matter brought before them by both the Nelson Mandela Foundation and the South African Human Rights Commission.
In his ruling, Mojapelo commented that displaying the flag is both racist and discriminatory:
"Those who display the old flag consciously and deliberately choose not to display the New Democratic - all uniting non-racial flag. They choose oppression over liberating symbols. They intend to insult and awaken feelings of white supremacy."
The ruling has seen displaying the flag dubbed hate speech and destructive to South Africa's non-racial democracy.
AfriForum had aimed to defend the old flag, although they themselves have condemned people who displayed it publicly.
The South African reports that Deputy CEO Ernst Roets argued that retaining the icon is free speech, and should not be confused with hatred.
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