The civil rights organisation AfriForum has obtained leave to appeal the ruling of the Southern Gauteng High Court, that displaying the old South African flag amounts to hate speech.
The ruling was handed down on Thursday in the Supreme Court of Appeal in Bloemfontein.
According to Ernst Roets, Head of Policy and Action at AfriForum, this is a positive turn for freedom of speech.
He says AfriForum is strongly in favour of freedom of speech, but also believes that true hate speech should be fought.
In August last year, the Equality Court ruled that the gratuitous display of the old South African flag constituted hate speech, discrimination based on race, and harassment.
Judge Phineas Mojapelo said those who display it, deliberately choose to reject reconciliation and their intention is to propagate hateful feelings.
He also stated in his ruling that this did not constitute a total ban as the display of the flag should be confined to artistic, journalistic and academic interests.
