Apartheid Flag, Apartheid, Equality Court, South Africa (Country), Phineas Mojapelo, Afriforum, Nelson Mandela Foundation, Federasie Van Afrikaanse Kultuurvereniginge (Fak), Bill Of Rights, Hate Speech

Apartheid Flag, Apartheid

Equality court: Flying old SA flag is hate speech

In a precedent-setting judgment, the judge found that hate speech extends beyond using offensive words to gestures

22.8.2019

Johannesburg high court deputy judge president Phineas Mojapelo set judicial precedent when he interpreted the Equality Act to mean that hate speech was not limited to words. Gestures — such as waving a flag — could also amount to hate speech .

In a precedent-setting judgment, the judge found that hate speech extends beyond using offensive words to gestures

The case was taken to court by the Nelson Mandela Foundation Trust, after reports that the apartheid flag was waved at a #Blackmonday demonstration in 2017 against farm murders.

Mojapelo said that, objectively determined, the intention of those waving the apartheid flag was clear — it was to “incite and awaken feelings of white supremacy against black people”.

AfriForum’s response was to say that South Africa has moved on and it was hoped that the next time Hatang saw the apartheid flag, he could “use the opportunity to reflect on how far we have come as a nation”.

In deciding whether the hate speech prohibition applied to more than just words but to gestures and other forms of expression, Mojapelo considered the purpose of the Equality Act, the historical context, the Bill of Rights, international law and foreign law. He concluded that a “literal interpretation” of the Act, as AfriForum argued for, failed to have regard to this legal framework.

Read more: Mail & Guardian

NMF: Apartheid flag ruling not a victoryThe Equality Court ruled the gratuitous display of the old South African flag constitutes hate speech .

Equality Court rules gratuitous display of old apartheid SA flag as hate speech | IOL NewsJudge Phineas Mojapelo said no good could come from gratuitously displaying the old flag and those who do so and not display the new democratic flag, choose oppression over liberating symbols.

Apartheid flag ‘promotes, propagates hatred against blacks’: Equality CourtNews | The Equality Court has found that the display of the old South African flag constituted hate speech , unfair discrimination and harassment.

EFF welcomes court ruling against SA's old flag - SABC News - Breaking news, special reports, world, business, sport coverage of all South African current events. Africa's news leader.The Economic Freedom Fighters (EFF) has welcomed the judgment by the Equality Court which ruled that the display of the old South African flag was hate speech .

Equality Court rules gratuitous display of old apartheid SA flag is hate speech | IOL NewsShould DieStem be removed from the national anthem after the court ruling on the Apartheid Flag? Comment below to share your feelings on the topic.

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