Old SA flag a symbol of black oppression, court hears
The Nelson Mandela Foundation said that publicly displaying the apartheid flag represented decades of the dehumanisation of black people.
JOHANNESBURG - The Nelson Mandela Foundation said that publicly displaying the apartheid flag represented decades of the dehumanisation of black people.
Advocate Tembeka Ngcukaitobi, who represents the foundation, said that the flag was a symbol of white supremacy and a reminder of the oppression of black people.
The foundation is asking the Equality Court to declare the flag hate speech under the Equality Act.
Ngcukaitobi has accused AfriForum of hiding behind freedom of expression to justify its racism.
"We are therefore forced to read between the lines about what they want. Not only do they yearn for the return of the good old days what they yearn for the idea of the white man being the master, the 'baas' ideology. This is what they have come to court to assert, period and we should stop pussy-footing around the truth."
The Federation for Afrikaans Cultural Societies said the Equality Court will be punishing people if it banned the public display of the old South African flag.
The federation, together with lobby group AfriForum, are opposing the foundation's application, claiming a ban will infringe on the freedom of expression of Afrikaners.
Advocate Ian Currie said that a ban was not the answer.
“My lord, if the order sought is designed to inhibit simply wrong, distasteful, unpopular or offensive speech then it will infringe… because put simply, you cannot say the right to freedom of expression encompasses the freedom to offend and then say the Equality Act imposes a liability for offences.”