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SCA to hear appeal on 2019 ruling regarding old SA flag

Old SA flag

Moneyweb


The Supreme Court of Appeals (SCA) will be hearing an appeal against a 2019 ruling by the Equality Court in favour of the Nelson Mandela Foundation.

The organisation, Afriforum says the 2019 ruling determined that the gratuitous displays of the Apartheid flag constituted hate speech, breaking new ground in legal understandings of the modes, forms and limits of hate speech.

At the time AfriForum lodged an appeal against the ruling and the matter was delayed by two other cases with direct implications for the so-called Apartheid Flag case, which have now been finalised.

The Chief Executive of the Nelson Mandela Foundation Sello Hatang says they are confident that the SCA will affirm the 2019 judgment.

He says this issue is bigger than the flag and is ultimately about the kind of society we want South Africa to be.

The Equality Court's Judge Phineas Mojapelo in his 2019 ruling said those who display the flag, 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.