The Equality Court, sitting at the high court in Johannesburg, on Wednesday 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.
This ruling comes after the Nelson Mandela Foundation made an application to the court against the display of the old flag.
The foundation said it was not calling for the flag to be banned, but that it must only be displayed in public settings that are meant to inform and educate.
The Nelson Mandela Foundation has welcomed the ruling.
Afriforum said they would study the judgment before deciding on whether or not the organisation can take further legal action.
