The foundation had charged that Roets' display of the old SA flag on Twitter was in contempt of court. However, t
he equality court dismissed the application by the foundation, ruling that Roets had not been in contempt of court.On August 21, Gauteng deputy judge president Phineas Mojapelo ruled that the intention behind the display of the old SA flag was to incite feelings of white supremacy against black people, and therefore this equated to hate speech.
The Nelson Mandela Foundation had brought the application to court, wanting the display of the old SA flag to be declared hate speech.
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