Minister Nathi Mthethwa Taken to Court Over South African Flag Design Credit by Eastern Cape Artist

Minister Nathi Mthethwa Taken to Court Over South African Flag Design Credit by Eastern Cape Artist

  • An Eastern Cape artist has approached the Gauteng High Court in Pretoria over claims that he designed the South African flag, and Nathi Mthethwa is being targeted in the case
  • The design of the flag is credited to the late Frederick Brownell, who also designed the Namibian flag
  • However, Thembani Mqhayi claims the flag was part of five designs he submitted to government in a competition in 1994

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Sports, Art and Culture Nathi Mthwtwa
An Eastern Cape artist who claims to be the South African flag designer is taking Minister of Sports, Art and Culture Nathi Mthethwa to court. Image: Jon Hicks & MUJAHID SAFODIEN/AFP
Source: Getty Images

PRETORIA – An Eastern Cape Artist, Thembani Hastings Mqhayi, is taking Minister of Sport, Arts and Culture Nathi Mthethwa to court over claims that the artist is the rightful designer of the South African flag.

The 56-year-old artist wants the Gauteng High Court in Pretoria to compel the arts minister to provide details on how the flag was created.

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News24 reported that Mqhayi has claimed for several years that Frederick Brownell, the man credited for designing the flag, stole Mqhayi's designs and submitted them as his own.

Brownell, who died in 2019, was acclaimed for his service as the State Herald from 1982 to 2002. The late State Herald was also part of the panel responsible for choosing and recommending the chosen design to the president.

Mqhayi claimed in court papers that in early 1994 he submitted five original designs to the Department of Sport, Arts and Culture when President Nelson Mandela publicly called on South Africans to submit designs for the future flag of the rainbow nation.

Mahayi said:

“I did not keep a copy of any of the designs that I sent to the office of the first respondent.”

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According to DispatchLIVE, Mqhayi’s spokesperson, Bandile Magibili, said the legal action was a last-ditch effort to convince government to protect his intellectual property rights.

Magibili said:

“Minister Nathi Mthethwa, the State Herald, including the State Attorney, were served with a notice of motion — an application to compel Mthethwa to disclose pertinent information regarding the developmental design process [in 1993-4] of the democratic national flag of SA.”

Mqhayi, through his attorneys, invoked the Promotion of Access to Information Act 2 of 2000 (PAIA) in 2021, but did not receive the requested information.

According to Magibili, the minister did not respond to the request. That is when Mqhayi’s legal team applied to compel, and Mthethwa has 15 days to file an opposing affidavit.

Minister Nathi Mthethwa has yet to respond to the request.

South Africans react to Thabeni Mqhayi’s claims

Some South Africans are sceptical that the Eastern Cape artist designed the South African flag.

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Here are some comments:

@TheRealLordoft1 clarified:

“A final design was adopted on 15 March 1994, derived from a design developed by the State Herald Fred Brownell, who had also claimed to have previously designed the Namibian flag. There you go.”

@PNMaster_ said:

“So allegedly Herald Bromwell stole Thembani's design.”

@mike55115456 commented:

“There was a competition, people sent all their designs in, that is how the flag was chosen.”

Minister Nathi Mthethwa forging ahead with R22 million South African flag despite Ramaphosa disapproval

Previously Briefly News reported that Minister of Sports, Arts and Culture Nathi Mthethwa continues to rub South Africans up the wrong way with his intention to erect a 100-metre South African flag monument that will cost a whopping R22 million.

Mthethwa previously defended his decision to erect the flag, claiming that it would benefit South Africans and foster social cohesion.

Mthethwa was forced to shut down the idea following a viral video of President Cyril Ramaphosa addressing Black Business Council members and stating that he told Methetwa to "forget that thing", according to IOL. The public also criticised Mthethwa for his decision and felt that the flag idea was tone deaf to the issues faced by South Africans.

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Source: Briefly News

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