The Nelson Mandela Foundation will be seeking to appeal directly to the Constitutional Court against the refusal by the high court to hold AfriForum, and its deputy chief executive Ernst Roets, in contempt of court.declared that gratuitous displays of the apartheid flag amounted to hate speech, Roets tweeted a picture of the flag asking, “Did I just commit hate speech?”.
Roets may still be held to have breached the Equality Act, Lamont said, but the equality court was the right place to deal with it. In court papers, served on Tuesday afternoon by the foundation, they said Lamont had been mistaken in a number of respects. The foundation referred to a ConCourt judgment, which said contempt consisted of “the commission of any act or statement that displays disrespect for the authority of the court”. There was also case law to suggest that contempt may even be committed by a person who is not directly bound by an injunction, said the foundation.
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South Africa: Apartheid flag: AfriForum’s Ernst Roets not in contempt of court, judge rulesAn urgent application for AfriForum deputy CEO Ernst Roets to be found in contempt of court was dismissed in the Equality Court sitting in the Gauteng High Court in Johannesburg on Tuesday. Handing down judgment, Judge Colin Lamont said, while he was of the view that Roets may in due course be held to have breached the provisions of the Equality Court Act, he was not in contempt of court.
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