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SCA to decide fate of displaying old South African flag

12 May 2022

AfriForum faced off against the Nelson Mandela Foundation and the South African Human Rights Commission in the court in Bloemfontein today, to try and overturn the 2019 ruling.

JOHANNESBURG - The fate of the Equality Court ruling declaring gratuitous displays of the old South African flag to be hate speech is now in the hands of the Supreme Court of Appeal.

AfriForum faced off against the Nelson Mandela Foundation and the South African Human Rights Commission (SAHRC) in the court in Bloemfontein to try and overturn the 2019 ruling.

After almost four hours of arguments, judgment was postponed on Wednesday.

AfriForum’s counsel Mark Oppenheimer told the court and equated what the organisation has described as a "wide-reaching" ban on displaying the old flag, to censorship and warning of the dangers thereof.

He argued context was critical and that there were instances other than those provided for in the Equality Court’s order which made exceptions for the display of the flag for academic, journalist and artistic purposes in which its exhibition could be lawful.

Counsel for the Nelson Mandela Foundation and the SAHRC argued the only contemporary meaning to the old South African flag was “a yearning for the return of apartheid”.

Judgment has been reserved

Source: EWN

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