Nelson Mandela Foundation targets Apartheid-era flag

Cape Town, South Africa (PANA) – The Nelson Mandela Foundation and AfriForum will square off in the Equality Court on 29 April over the old South African flag which is widely regarded as a symbol of Apartheid.

In February last year, the foundation announced approached the court for an order declaring that the public display of the flag constitute hate speech, unfair discrimination and harassment based on race.

“It is time to acknowledge that the old flag is a symbol of what was a crime against humanity and that its gratuitous public display celebrates that crime and humiliates everyone who fought against it, especially black South Africans," said spokesperson Luzuko Koti. He added that it is important that the Promotion of Equality and Prevention of Unfair Discrimination Act ('Equality Act') be used as an instrument to discourage such behaviour."

AfriForum has opposed the application, claiming that the Act's provisions on hate speech address written and spoken words but not symbols and images. It argues that a ban of the old flag would be an unconstitutional infringement on the right to freedom of expression. Nevertheless, it acknowledged that the old flag had the capacity to cause offence and emotional distress. "As an organisation, we have no particular love for the flag or what it represents," it said.

The South African Human Rights Commission is supporting the foundation's application.

-0- PANA CU 25Feb2019