Equality Court: Gratuitous display of apartheid flag is hate speech

The complaint related to the apartheid flag was lodged by the Nelson Mandela Foundation and the South African Human Rights Commission.

A screengrab of Judge Phineas Mojapelo delivering judgment in the Equality Court related to the apartheid flag on 21 August 2019.

Eyewitness News | 155 days ago

JOHANNESBURG - The Equality Court has ruled that the gratuitous display of the apartheid flag constitutes hate speech.

BREAKING NEWS: The Equality Court in Johannesburg has declared the gratuitous displays of the #ApartheidFlag as hate speech. TM
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo makes the following order: it is determined that the gratuitous display of the old national flag of SA constitutes hate speech, unfair discrimination, harassment. There is no order as to cost. #ApartheidFlag TM
— EWN Reporter (@ewnreporter) August 21, 2019

WATCH: Judge Phineas Mojapelo delivering the judgment

The complaint was lodged by the Nelson Mandela Foundation and the South African Human Rights Commission (SAHRC).

They did so after reports emerged that the flag, which was adopted by the apartheid regime, was displayed during Black Monday protests against farm murders in 2017.

AfriForum, which opposes the virtual banning of the flag, argued that displays of the flag did not constitute hate speech.

The judge begins his judgment by reading the preamble in the country’s constitution. Judge Phineas Mojapelo says it affirms that SA is founded on values of human dignity, non-racialism, non-sexism, supremacy of the constitution and the rule of law. TM #ApartheidFlag
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo gives background into the displays of the #ApartheidFlag at a protest against farm murders in 2017 which gave rise to the debate and application by the Nelson Mandela Foundation. ”They gave rise to the complaint being lodged in the Equality Court”. TM
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo: The question is whether the displays constitute hate speech. Unfair discrimination and harassment will also be considered. #ApartheidFlag
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo says in conclusion; words in Section 10 (1) must not interpreted literally. The prohibition against hate speech applies to and regulates the waving of the #ApartheidFlag. TM
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo says displaying the old flag gratuitously does more than harm and caused distress to black people. It makes no difference to my finding that some isolated person somewhere may experience it differently. The #ApartheidFlag demeans and impairs people’s dignity. TM
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo: Those who display the old flag consciously and deliberately choose not to display the New Democratic - all uniting non-racial flag. They choose oppression over liberating symbols. They intend to insult and awaken feelings of white supremacy. #ApartheidFlag TM
— EWN Reporter (@ewnreporter) August 21, 2019

Mojapelo: They are therefore rejecting reconciliation and all values of the constitution. They embrace hatred and oppression. To incite and propagate hateful feelings to victims of apartheid. TM #ApartheidFlag
— EWN Reporter (@ewnreporter) August 21, 2019

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