lodge complaint button
commissioners button
programmes button
provinces button
publications button
calendar button
fraud hotline button

Gratuitous display of apartheid-era SA flag is hate speech, rules Equality Court

21 August 2019

Judge Phineas Mojapelo has ruled in favour of the Nelson Mandela Foundation and the South African Human Rights Commission.

The gratuitous display of the old South Africa flag from the apartheid era constitutes hate speech.

The Equality Court made this ruling on Wednesday after a complaint was lodged by the Nelson Mandela Foundation and the South African Human Rights Commission (SAHRC).

The complaint came after reports that the flag was displayed during Black Monday protests against farm murders in 2017.

Clement Manyathela on the Xolani Gwala Show speaks to EWN reporter Theto Mahlakoana.

    Judge Phineas Mojapelo took us back to the foundation of the apartheid flag and said it envokes painful feelings in some people. The judgment doesn't ban the flag, it does, however, say the gratuitous display of the flag constitutes as hate speech.
    Theto Mahlakoana, Reporter - EWN

The flag can still be displayed in educational platforms in spaces that seek to inform and enlighten, and the flag can't be celebrated, she sites.

Source: Cape Talk

About us

Understanding PAIA

The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

Sentinel House, Sunnyside Office Park, 32 Princess of Wales Terrace, Parktown, Johannesburg, South Africa

011 877 3600 (Switchboard)